{"id":976,"date":"2016-06-16T09:58:11","date_gmt":"2016-06-16T13:58:11","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=976"},"modified":"2016-06-16T09:58:11","modified_gmt":"2016-06-16T13:58:11","slug":"a-combination-of-references-can-be-obvious-even-it-requires-a-bit-of-work","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=976","title":{"rendered":"A Combination of References Can be Obvious Even it Requires a Bit of Work"},"content":{"rendered":"<p>In\u00a0<em>Allied Erecting v. Genesis Attachments, LLC<\/em>, [2015-1533](June 15, 2016), the Federal Circuit affirmed the PTAB&#8217;s decision in IPR2014-001006 that claims 1\u201321 of U.S. Patent No. 7,121,489, were obvious.<\/p>\n<p>Allied first challenged the motivation to combine the references, \u00a0arguing that the proposed combination would would entail design and structural\u00a0changes. However, the Federal Circuit said that\u00a0it is not necessary that the reference\u00a0be physically combinable to\u00a0render the claimed invention obvious. \u00a0The criterion is not whether the<br \/>\nreferences could be physically combined but whether the\u00a0claimed inventions are rendered obvious by the teachings\u00a0of the prior art as a whole. \u00a0The Federal Circuit added\u00a0that the fact that a modification has simultaneous\u00a0advantages and disadvantages does not\u00a0necessarily obviate motivation to combine.<\/p>\n<p>Allied also argued that the references teach away from the combination. \u00a0The Federal Circuit disagreed that the reference taught away from the combination, saying that teaching away is when a person of ordinary skill\u00a0would be discouraged from following the path set out in\u00a0the reference, or would be led in a direction divergent\u00a0from the path that was taken by the patentee. \u00a0The Federal Circuit noted that the reference did not teach away from the combination because the reference did not address the structure of the second reference.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In\u00a0Allied Erecting v. Genesis Attachments, LLC, [2015-1533](June 15, 2016), the Federal Circuit affirmed the PTAB&#8217;s decision in IPR2014-001006 that claims 1\u201321 of U.S. Patent No. 7,121,489, were obvious. Allied first challenged the motivation to combine the references, \u00a0arguing that the &hellip; <a href=\"https:\/\/patents.harnessip.com\/?p=976\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-976","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/976","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=976"}],"version-history":[{"count":1,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/976\/revisions"}],"predecessor-version":[{"id":977,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/976\/revisions\/977"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=976"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=976"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=976"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}