Notes

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  • Non-obviousness
  • UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
  • Argued October 14, 1965. Decided February 21, 1966

Petitioner: Graham - sues John Deere for patent infringement

Device: designed to absorb shock from plow shanks in rocky soil to prevent damage to the plow

  • 1955 - 5th circuit says valid - "old result in a cheaper and otherwise more advantageous way."
  • 1966 - 8th circuit says invalid - no new result in the combination

Held: The patents do not meet the test of the "nonobvious" nature of the "subject matter sought to be patented" to a person having ordinary skill in the pertinent art, set forth in 103 of the Patent Act of 1952, and are therefore invalid

Basically saying there isn't enough new here that wouldn't be obvious to ordinary-skilled worker in art to warrant patent.