KSR v. Teleflex Person having ordinary skill in the art

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the supreme court reversed decision court of appeals federal circuit based on how lower court defined capabilities of phosita. ksr v. teleflex decided unanimous supreme court on april 30, 2007.


importantly, justice kennedy s opinion stated, person of ordinary skill person of ordinary creativity, not automaton. although court s opinion acknowledged other federal circuit cases described phosita having common sense , find motivation implicitly in prior art, kennedy emphasized opinion directed @ correcting errors of law made court of appeals in case , not overturn other federal circuit precedent.


once phosita defined, ksr v. teleflex described how obviousness should determined:



in determining whether subject matter of patent claim obvious, neither particular motivation nor avowed purpose of patentee controls. matters objective reach of claim. if claim extends obvious, invalid under §103. 1 of ways in patent s subject matter can proved obvious noting there existed @ time of invention known problem there obvious solution encompassed patent s claims. applied facts before court following:


the proper question have asked whether pedal designer of ordinary skill, facing wide range of needs created developments in field of endeavor, have seen benefit upgrading asano sensor.






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