NONOBVIOUSNESS

Historical Development

The following are some cases through history that trace the evolution of what is currently the nonobviousness standard.

Hotchkiss v. Greenwood

• 1850: Hotchkiss v. Greenwood (Hotchkiss v. Greenwood (full text)) Established the "nonobviousness" language the subsequently became codified.

Graham v. John Deere

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

U.S. v. Adams

• 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.

Ordinary Skill in the Art

Reiner v. I. Leon Co. (full text)

Reiner v. I. Leon Co.

South Corp. v. US (full text)

South Corp. v. US