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Tag Archives: Non-Analogous

The Federal Circuit Focuses On The Problem When Evaluating Non-Analogous Art

Posted in Federal Circuit Decisions

In K-Tec, Inc. v. Vita-Mix Corp., the Federal Circuit affirmed the district court’s finding that two design patents relating to pitchers were non-analogous art to utility patent claims relating to a blender jar. The Federal Circuit’s analysis focused on the problem being solved by the invention, and differs from a decision of the U.S. Patent Office Board of Appeals and Interferences, which focused on similarities between the functions of pitchers and blender jars.

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Federal Circuit Overturns Obviousness Rejection Based On Non-Analogous Art

Posted in Federal Circuit Decisions

In In re Klein, the Federal Circuit reversed an obviousness rejection because the cited references were found to be non-analogous art. This case is an important reminder that questioning the relevance of the cited references can be an important first step to overcoming an obviousness rejection.

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