Many of the other blogs have gone into detail about the recent Federal Circuit decision in In re Klein. So, I won’t go into detail about it here. The opinion in the case noted that the references that were applied in the 103 rejection at issue were non-analogous references insufficient for 103 purposes.
While the word “hindsight” does not make its way into the issued opinion of the court, it is interesting to note this comment that Judge Linn made to the Associate Solicitor for the PTO in regard to hindsight: [Listen].
You can listen to the entire oral argument here: [Listen].
You can read the court’s opinion here: [Read].