May 1,2007

KSR International Co. v. Teleflex Inc.-03

"When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options withinhis or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that itwas obvious under §103." See KSR International Co. v. Teleflex Inc., at 17. So, the teaching, suggestion or motivation comes from not only the cited prior arts but other references having no claimed elements therein.


Posted by babyface0 at 樂多Roodo! │10:00 │回應(0)引用(0)Patent Law
樂多分類:新聞評論 共同主題:智慧財產權的世界 工具:編輯本文
Ads by Roodo! 

引用URL

http://cgi.blog.roodo.com/trackback/3103527