In re Oetiker
United States Court of Appeals for the Federal Circuit
977 F.2d 1443, 24 U.S.P.Q.2d 1443 (1992)
- Written by Eric Miller, JD
Facts
Hans Oetiker had a patent on a stepless, earless metal hose clamp. Oetiker later applied for a patent on an improvement that added a preassembly hook to the same device. The United States Patent and Trademark Office (PTO) referred to the previous Oetiker patent in conjunction with another patent that described a plastic hook for use in garments. The PTO determined that the two patents in combination rendered the improvement obvious and rejected the application. Oetiker appealed to the United States Court of Appeals for the Federal Circuit, arguing that a person of ordinary skill in the mechanical field would not have looked to the garment industry for the solution that his improvement was intended to provide.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
Concurrence (Nies, C.J.)
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