Obviousness After KSR, Leapfrog

Law360, New York (May 21, 2007, 12:00 AM EDT) -- * The Supreme Court Speaks on Obviousness *

On April 30, 2007 the United States Supreme Court handed down an important decision on the scope of obviousness under 35 USC § 103.

Although the case concerned the placement of an electronic control, (i.e., a throttle control) on a vehicle control pedal, language in the decision could affect on the scope afforded claims drawn to computer implemented inventions, such as automated systems and business method patents.

Applying a “teaching, suggestion, motivation test” the Federal Circuit had reversed...
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