NONOBVIOUSNESS
From Bill Goodwine's Wiki
The main historical cases:
- 1850: Hotchkiss v. Greenwood (Hotchkiss v. Greenwood (full text)) Established the "nonobviousness" language the subsequently became codified.
- 1966: GRAHAM V. JOHN DEERE CO (GRAHAM V. JOHN DEERE CO (full text)) The fundamental inquiries are
- scope and content of the prior art;
- differences between the prior art and the claims at issue;
- level of ordinary skill in the pertinent art; and,
- secondary considerations, including:
- commercial success of the invention;
- long-felt but unsolved needs;
- failure of others to find a solution, etc.
- 1966: US V. Adams (US v. Adams (full text)) All the evidence must be considered. Even small changes can have large consequences, which is relevant to a determination of nonobviousness.
