In Re Hans Oetiker
Court of Appeals for the Federal Circuit
1ConcurrenceNies, Chief Judge
I agree with the panel decision and write only to express my understanding of the language that there must be some teaching, reason, suggestion, or motivation found “in the prior art” or “in the prior art references” to make a combination to render an invention obvious within the meaning of 35 U.S.C. § 103 (1988). Similar language appears in a number of opinions1 *1448and if taken literally would mean that an invention cannot be held to have been obvious unless something specific in a prior art reference would lead an inventor to combine the teachings therein with another piece of prior art.
This…
2Cases cited15 opinions
- Smithkline Diagnostics, Inc. v. Helena Laboratories Corporation, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1989
- Lindemann Maschinenfabrik Gmbh v. American Hoist and Derrick Company, Harris Press and Shear Division, Commercial Metals CompanyCourt of Appeals for the Federal Circuit · 1984
- Uniroyal, Inc. v. Rudkin-Wiley Corporation, Premix, Inc. v. Rudkin-Wiley CorporationCourt of Appeals for the Federal Circuit · 1988
- Symbol Technologies, Inc. v. Opticon, Inc., and Opto ElectronicsCourt of Appeals for the Federal Circuit · 1991
- Ashland Oil, Inc. v. Delta Resins & Refractories, Inc.Court of Appeals for the Federal Circuit · 1985
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