KSchlax:Hw3

HW3: Prior Art, Graham Case

Graham v. John Deere, 383 U.S. 1 (1966)

Patent challenged

2,627,798 W.T. Graham, Filed 8/27/1951

The prior art to the Graham case were

2,493,811 W.T. Graham, Filed 2/26/1947, referred to as the '811 patent

2,739,518 E.A. Rolf, Filed 4/19/1952, referred to as the "Glencoe clamp"

I have found the patents for both of these, and can compare with the patent at trial.

Obviousness

The drawings are nearly identical in the case of the '798 and Glencoe clamp patents. The court had said that the only difference was the placement of the stirrup and control mechanism - one was facing upwards and one downwards.

Non-Obviousness

The problem of constructing a stable object-deflecting plow was maintaining the plow stability and returning it to plowing. The prior art, although able to deflect against objects, was not claimed to do so with stability.

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