Printed Publication (HW 3-23) (RCTA)
Assignment: Use the West KeyCite system to find another case dealing with a different type of "Printed Publication" such as advertisements, computer manuals, etc. Try to find one that is different and interesting, i.e., not the first one that comes up on the list.
I think you don't want to use the "k. Requisites of Publication" necessarily, but probably the one right above it. Create a wiki page with a one-paragraph description of the facts of the case and the holding. Be sure to include which court it was.
MEHL/Biophile International Corp. v. Milgraum
- United States Court of Appeals, Federal Circuit
- Plaintiffs-Appellants: MEHL/Biophile International Corp., Selvac Acquisitions Corp. and Nardo Zaias, M.D.
- Defendants-Appellees: Sandy Milgraum, M.D., Palomar Medical Technologies, Inc., and Spectrum Medical Technologies, Inc.
- Date: Sept. 30, 1999 (Rehearing denied Oct. 27, 1999)
Holding
- Patent was not anticipated by instruction manual for laser used to remove tattoos (instruction manual for Spectrum RD-1200 laser)
- Patent was anticipated by prior art article ("Melanosomes Are a Primary Target of Q-Switched Ruby Laser Irradiation in Guinea Pig Skin")
Summary
To anticipate a claim, a prior art reference must disclose every limitation of the claimed invention, either explicitly or inherently.
Inherency: if the prior art necessarily functions in accordance with, or includes, the limitations claimed in a patent, it anticipates
Dr. Sandy Milgraum infringed U.S. patent No. 5,059,192 Two sources article documenting study of tissue damage induced by laser pulses on epilated backs of guinea pigs natural result would result in alignment of laser over hair follicle
