If You Can’t Build it, They Won’t Come: No Obviousness Based on Fanciful Engine Design
By EsqSocial Corporation 29/04/21
Reaffirming that a person of ordinary skill in the art must have been able to actually create a disclosure at the time of invention in order for it to serve as an obviousness reference, the US Court of Appeals for the Federal Circuit reversed a decision by the Patent Trial & Appeal Board (the Board) in an inter partes review (IPR), concluding that a patent covering certain turbofan engine technology was not rendered obvious by a prior art publication that could not be realized into practice....
By: McDermott Will & Emery