by Steve Driskill | Jul 9, 2013 | [sub] level of skill, [sub] operability, Obviousness
Modifying the geometry of elements in a prior art design to accommodate objects of varying sizes is generally within the scope of routine skill possessed by an ordinary person. Physical combinability is not required for a finding of obviousness when the necessary...
by Steve Driskill | Jun 5, 2013 | [sub] level of skill, Obviousness
The level of skill afforded to the hypothetical ordinary person has been heightened since KSR. Actions such as reversing the order of operations with no practical effect are deemed to be within the creativity of one skilled in the art, especially when the technology...
by Steve Driskill | Nov 20, 2012 | [sub] level of skill, Obviousness
This is another example of how attacking motivation to combine is difficult. Here, the court upheld a somewhat roundabout motivation where the claimed invention was reconstructed through the prior art for fairly ancillary purposes, and the combination then happened to...
