Prior Art, Bird Feeder Not Comparable: Fed. Circ.

Law360, New York (June 6, 2011, 9:31 PM EDT) -- The Federal Circuit on Monday reversed the U.S. Patent and Trademark Office's rejection of an application for a bird feeder patent, finding the office wrongly based the rejection on prior art that was not similar enough to the invention.

Because appellant Arnold G. Klein applied for a patent on a device for preparing sugar water nectar for bird feeders, the USPTO erred in rejecting it as obvious in view of earlier patents for tool trays and cabinet drawers that involved separating solid objects, the Federal Circuit...
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