January 7, 2013
In re Chevalier (CAFC 2012-1254) is a garden-variety affirmation of obviousness, where hindsight motivation was used to combine prior art references to solve the problem of the claimed invention. "The Supreme Court stated in KSR that "when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.'" Further, under its recent "substantial evidence" standard, the CAFC continues to make clear that some egregious error must be evident for it to give any traction to denying the USPTO its purview.
Posted by Patent Hawk at January 7, 2013 11:34 PM | Prior Art