Graham et. al. v. John Deere, 383 U.S. 1 (1966)
What do you need to know about this case? The facts are unimportant because this is the case where the Supreme Court established how to establish obviousness. You'll see this test quite often in the future around here. The factual inquiries for obviousness under 35 U.S.C. § 103 are:
(1) Determine the scope and content of the prior art;
(2) Ascertain the differences between the prior art and the claims in issue;
(3) Resolve the level of ordinary skill in the pertinent art; and
(4) Evaluate any objective evidence of nonobviousness (i.e., "secondary considerations"). Courts have considered the following secondary considerations in determining obviousness; (1) the invention's commercial success, (2) long felt but unresolved needs, (3) the failure of others, (4) skepticism by experts, (5) praise by others, (6) teaching away by others, (7) recognition of a problem, (8) copying of the invention by competitors, and (9) other relevant factors.
What do you need to know about this case? The facts are unimportant because this is the case where the Supreme Court established how to establish obviousness. You'll see this test quite often in the future around here. The factual inquiries for obviousness under 35 U.S.C. § 103 are:
(1) Determine the scope and content of the prior art;
(2) Ascertain the differences between the prior art and the claims in issue;
(3) Resolve the level of ordinary skill in the pertinent art; and
(4) Evaluate any objective evidence of nonobviousness (i.e., "secondary considerations"). Courts have considered the following secondary considerations in determining obviousness; (1) the invention's commercial success, (2) long felt but unresolved needs, (3) the failure of others, (4) skepticism by experts, (5) praise by others, (6) teaching away by others, (7) recognition of a problem, (8) copying of the invention by competitors, and (9) other relevant factors.
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