Super-skill vs. Ordinary Skill

The oral argument in In re  Ammar Al Ali, App. No. 2011-1086 (Fed. Cir. 2012)  had a couple of interesting sound bites that I thought might be of interest. 

In this first sound bite, Chief Judge Rader inquires how one of ordinary skill in the art would be aware of the cited art — which sounded as though it was all unpublished patent applications filed around the same time at the Patent Office by third party inventors. [Listen].

In this second sound bite, Chief Judge Rader and the Associate Solicitor for the PTO disagree over whether the viewpoint of a third-party inventor in a prior application should be treated as the viewpoint of one of “super-skill” in the art and not as the viewpoint of one of “ordinary skill” in the art.  [Listen].

The court issued a Rule 36 Affirmance of the PTO’s rejection of the claim(s) at issue.

You can listen to the entire oral argument here: [Listen].

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