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Tag Archives: Non-Analogous

The Federal Circuit Focuses On The Problem When Evaluating Non-Analogous Art

Posted by Courtenay Brinckerhoff on Posted in Federal Circuit Decisions

In K-Tec, Inc. v. Vita-Mix Corp., the Federal Circuit affirmed the district court’s finding that two design patents relating to pitchers were non-analogous art to utility patent claims relating to a blender jar. The Federal Circuit’s analysis focused on the problem being solved by the invention, and differs from a decision of the U.S. Patent Office Board of Appeals and Interferences, which focused on similarities between the functions of pitchers and blender jars.

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Federal Circuit Overturns Obviousness Rejection Based On Non-Analogous Art

Posted by Courtenay Brinckerhoff on Posted in Federal Circuit Decisions

In In re Klein, the Federal Circuit reversed an obviousness rejection because the cited references were found to be non-analogous art. This case is an important reminder that questioning the relevance of the cited references can be an important first step to overcoming an obviousness rejection.

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