Category Archives: Obviousness

Nonanalogous Art Lives! In Re Klein

Posted on June 9, 2011 by Warren Woessner

Yesterday, the CAFC decided IN RE ARNOLD G. KLEIN 2010-1411, finding error in the USPTO’s rejection of patent claims based on obviousness, using non-analogous art.  You may find the following useful in your prosecution efforts. (A link to the decision … Continue reading →

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Innovation Toys And Analogous Art – Defender Against Hindsight?

Posted on March 23, 2011 by Warren Woessner

There is nothing particularly surprising in the recent Fed. Cir. decision of Innovation Toys v. MGA Entertainment, App. No. 2010-1290 (Fed. Cir. March 21, 2011) (a copy is available at the end of this post), which reversed a District Court finding … Continue reading →

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AIPLA Webinar on KSR Features Woessner and Lewis

Posted on February 21, 2011 by Warren Woessner

On March 2nd, I will be presenting with Jeffrey Lewis of Patterson, Belknap, Webb & Tyler in an AIPLA live online seminar entitled, “KSR and the Ripple Effect: Examining the Broad and Increasing Impact of KSR on Patent Litigation and … Continue reading →

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In re Glatt Air Techniques – Glatt Sailing for Applicants

Posted on January 5, 2011 by Warren Woessner

In re Glatt Air Techniques, Inc. (January 5, 2011) (link below), the Fed. Cir. in dicta reminded the PTO that evidence of commercial success – unlike a showing of unexpected results –need not be commensurate in scope with the claims … Continue reading →

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