Quote of the day

The quote of the day comes from the dissent in Scientific Plastic Products, Inc. v. Biotage AG:

It is troubling that the majority and the Board rely on the inventors’ disclosure of the problem their inventions solve as the primary basis for modifying the prior art. This is hindsight of the worst kind, “wherein that which only the invention taught is used against its teacher.” W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1553 (Fed.Cir.1983). The patents 1363*1363 do not indicate that leakage was a problem identified in the prior art or a problem known to those of skill in the art. Rather they indicate that the claimed design will avoid leakage. These inventors identified a design problem, articulated it, and solved it. There is absolutely no evidence of the existence of a known leakage problem that would have motivated skilled artisans to modify Yamada. The Board is taking the ingenuity of these inventors and, without any record basis, attributing that knowledge to all skilled artisans as the motivation to make the inventions at issue. Hindsight, hindsight, hindsight.

Scientific Plastic Products, Inc. v. BIOTAGE AB, 766 F.3d 1355 (Fed. Cir. 2014)(J. Moore dissenting).

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