by Steve Driskill | Sep 6, 2012 | [sub] analogous art, Prior Art
To qualify as prior art for an obviousness analysis, a reference must qualify as “analogous art,” i.e., it must satisfy one of the following conditions: (1) the reference must be from the same field of endeavor; or (2) the reference must be reasonably pertinent to the...
by Steve Driskill | Jul 27, 2012 | [sub] enabling disclosure, Prior Art
Patents, patent publications, and even non-patent printed publications are presumptively enabling for anticipation purposes, for all claimed as well as unclaimed subject matter. To make a successful showing of non-enablement and shift the burden back to the PTO to...
by Steve Driskill | Jul 2, 2012 | [sub] information disclosure, Prior Art
If one wants to be cynical, I think the big picture takeaway is that an issued patent, even a potentially invalid one, is valuable. This one was issued by pure mistake and it took the CAFC itself to invalidate it. Smaller picture, although the burden of proof remains...
