Difference between revisions of "Homework 2/4 (John Gallagher)"

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== Argument For Patentability (for non-obviousness) ==
 
== Argument For Patentability (for non-obviousness) ==
 
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Graham's invention of a clamp for vibrating shank plows qualifies for a patent under 35 U.S.C 103, that is to say, it is non obvious.  In a prior patent, 2,493,811 ('811), Graham disclose the invention of a mounting for a vibrating plow which shared some similar features.  The '811 patent describes a mounting for a plow shank which allows the pivot upward if the shank encounters enough resistance in the ground.  This allows the shank to move upward instead of breaking.  The shank was placed atop the hinge plate, but not rigidly attached to it, being held in place instead by the spring rod.  The arrangement caused the shank to wobble because it was not firmly attached to the hinge plate.  In this set up, the shank also caused wear of the upper plate.  In this new invention, Graham has eliminated both these problems by placing the shank below the hinge plate, using bolts to rigidly attach it to the hinge plate.  The problems in the '811 arrangement were significant, and no others had been able to solve them. Therefore, there was a 'long-felt unmet need' in the industry for this product, and it took several years to find a suitable solution, the solution could not be considered obvious.  Graham's latest invention, then, qualifies for a patent under section 103.
 
== Argument Against Patentability (for obviousness) ==
 
== Argument Against Patentability (for obviousness) ==
  
  
 
*Back: [[User:John Gallagher]]
 
*Back: [[User:John Gallagher]]

Revision as of 15:47, 4 February 2011

Argument For Patentability (for non-obviousness)

Graham's invention of a clamp for vibrating shank plows qualifies for a patent under 35 U.S.C 103, that is to say, it is non obvious. In a prior patent, 2,493,811 ('811), Graham disclose the invention of a mounting for a vibrating plow which shared some similar features. The '811 patent describes a mounting for a plow shank which allows the pivot upward if the shank encounters enough resistance in the ground. This allows the shank to move upward instead of breaking. The shank was placed atop the hinge plate, but not rigidly attached to it, being held in place instead by the spring rod. The arrangement caused the shank to wobble because it was not firmly attached to the hinge plate. In this set up, the shank also caused wear of the upper plate. In this new invention, Graham has eliminated both these problems by placing the shank below the hinge plate, using bolts to rigidly attach it to the hinge plate. The problems in the '811 arrangement were significant, and no others had been able to solve them. Therefore, there was a 'long-felt unmet need' in the industry for this product, and it took several years to find a suitable solution, the solution could not be considered obvious. Graham's latest invention, then, qualifies for a patent under section 103.

Argument Against Patentability (for obviousness)