PLAS-PAK INDUSTRIES v. SULZER MIXPAC AG (Fed. Cir. 2015) (NP) – A reference’s specific contribution to the art may be used to characterize its “principle of operation”

A reference’s specific contribution to the art beyond its more conventional features may be used to characterize its “principle of operation” in considering whether such functionality would be preserved by an otherwise obvious modification. Here, for example, a...

IN RE ORBITAL TECHNOLOGIES CORP. (Fed. Cir. 2015) (NP) – Machine translation of a foreign reference is adequate for simple technologies with straightforward figures

A machine translation of a foreign language reference may be deemed adequate evidence of the reference’s content for simple technologies with straightforward figures. Here, for example, a machine translation of a Japanese reference directed to lighting for marine...

IN RE STOLLER (Fed. Cir. 2015) (NP) – Claim terms should be given a broadest reasonable interpretation that captures their characteristic feature

Claim terms should be given a broadest reasonable interpretation by the PTO that effectively captures their characteristic feature over other common features. Here, for example, the broadest reasonable interpretation of “laminated” was found to require a structure...

DELANO FARMS COMPANY v. CALIFORNIA TABLE GRAPE COMM. (Fed. Cir. 2015) (P) – Efforts to maintain control over the use of the invention may negate an otherwise public use

The inventor or a third party’s efforts to maintain control over the use of the invention may negate an otherwise public use under 35 U.S.C. § 102(b). Here, for example, a third-party misappropriator who illicitly obtained the claimed invention but for that reason...

IN RE SHANEOUR (Fed. Cir. 2015) (NP) – The terms “associated with” and “related to” are not limited to a direct one-to-one correspondence

The terms “associated with” and “related to” on their face are not limited to a direct one-to-one correspondence. Here, for example, a sensor claimed as being “associated with” an individual light fixture and producing a signal “related to” the light level of that...