john deere: said something for first time since act of 1952
about chisel plow that has spring to bounce on rocks
got to supreme court by circuit courts conflict, opposite decisions
amici curae- friend on the court- speak on the behalf but not a party involved.
first time they deal with 103
103 agrees with 102 Under 103, the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved. Against this background, the obviousness or nonobviousness of the subject matter is determined. Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances [383 U.S. 1, 18] surrounding the origin of the subject matter sought to be patented.
did they due this?
Did an engineering analysis, and secondary considerations.
in the end, flipped two pieces which seemed obvious
first time refer 103 to constitution.
Natural right-attribute of being a free human being, getting a patent on an idea is not a natural right,
1. shouldnt give monopolies 2. ideas are something you cant control, must share, undisclosed
the court thinks law is same as 1850, even though wording is different.
law doesnt exist in what is written but also and interpretation
goodwine from iowa chuck represented louisiana
napoleonic code-louisana common law- general notions of contract
NC-more explicitly written
patentability shall not be negatived... means flash of genius isnt required, may be done by hard work.