Problem to be Solved : CAFC Alert

Patentee Likely (Con)vexed After The Court of Appeals Fails To See Through The Same Lens as them…

| September 17, 2015

Dome Patent L.P., vs. Michelle K. Lee, Director, U.S. PTO.

September 3, 2015

Before: Reyna, Schall and Hughes. Opinion by Hughes.

The CAFC affirmed the decision of the District Court of the District of Columbia in U.S. Patent No. 4,306,042 (the ‘042 Patent) in which the District Court held that claim 1 would have been obvious to one of ordinary skill in the art since a single reference that teaches away will not prevent a finding of obviousness, if motivation can be found elsewhere.
The CAFC held that the district court did not err by only requiring the Patent Office to show that claim 1 of the ‘042 patent is obvious by a preponderance of evidence, since in re-examination there is no presumption of validity.

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