Gardner v. TEC Systems, Inc.

725 F.2d 1338 (1984)

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Gardner v. TEC Systems, Inc.

United States Court of Appeals for the Federal Circuit
725 F.2d 1338 (1984)

  • Written by Brett Stavin, JD

Facts

Thomas A. Gardner (plaintiff) filed a patent-infringement lawsuit against TEC Systems, Inc. (TEC) (defendant), claiming that TEC infringed Gardner’s patent 3,452,447 (the ‘447 patent). TEC defended against the action on the ground that Gardner’s patent was invalid due to obviousness. The ‘447 patent related to a device used for drying ink used on high-gloss papers, generally used in periodicals. Specifically, the ‘447 patent claimed an invention for a means of positioning a moving web of high-gloss paper using an air bar. A similar patent had been issued in U.S. Patent No. 3,181,250 (the Vits patent). When he initially filed for patent protection, Gardner attempted to distinguish the ‘447 patent from the Vits patent on the basis that Vits depended on impingement or dynamic pressure, as opposed to the zone of static pressure in the air bar in the ‘447 patent. The patent examiner rejected this distinction. Later, Gardner amended the application by adding a dimensional limitation, limiting the size of the air bar. After this amendment, the patent examiner granted the application and issued the patent. After reviewing the history of the patent application, the district court dismissed the complaint and held that the ‘447 patent was invalid due to obviousness. Gardner appealed.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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