Fed. Circ. Tightens 'Teach Away' Rule For Obviousness

Law360, New York (June 26, 2012, 6:13 PM ET) -- The Federal Circuit on Tuesday affirmed that an inventor's microprocessor design was obvious and unpatentable, ruling that older patents do not “teach away” from proposed designs merely because they contain a “preferred embodiment.”

The appeals court upheld a decision by the Board of Patent Appeals and Interferences that said any electrical engineer could have combined three older patents and wound up with Blaise Laurent Mouttet's claimed invention, a so-called crossbar arithmetic processor.

Agreeing with the board, the appeals court issued a precedential ruling that said the...
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