Alco Standard Corp. v. Tennessee Valley Authority

The decision below is reported at 597 F.Supp. 133, 224 USPQ 577 (1984). Reference will be made to the opinion as there published.

I am constrained to dissent from the majority’s holding that the six claims in suit are not invalid for obviousness in view of the prior art under 35 U.S.C. § 103.

The majority opinion, after obviously careful consideration of the facts, preliminarily arrives at the conclusion that the claims in suit define only obvious subject matter and then reverses that conclusion because of the “secondary considerations,” which I shall discuss further, concluding that

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