Intellectual Property Law

Scope of prior art teachings incorrect; summary judgment of obviousness reversed

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit reversed a district court's summary judgment of obviousness.  The patent related to dessicant packages.  The district court held a prior art reference taught all limitations of the claims with the exception of the type of  absorbent material contained in the package, and that, under KSR, it would be obvious to one of ordinary skill in the art to substitute one material for the other. 

The Federal Circuit reversed, holding the prior art did not, in fact, teach all limitations with the exception of the absorbent material.  Because the district court misinterpreted the scope and content of the prior art, the Federal Circuit reversed the summary judgment of obviousness, although it did not preclude the district court from granting summary judgment again on remand when reassessing the differences between the prior art and the claims.

More detail of Süd-Chemie, Inc. v. Multisorb Techs., Inc. after the jump.

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Full post as published by FileWrapper on February 05, 2009 (boomark / email).