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« CG Technology Development, LLC v. Fanduel, Inc. (Fed. Cir. 2019) | Main | USPTO Makes Ex Parte Hannun An Informative PTAB Decision »

December 30, 2019

Comments

There's some sense to the concept of "inherent anticipation", but "inherent obviousness" is a logical impossibility. When are these judges going to learn to admit they're wrong and stop perpetuating inanities just because some of their colleagues got it wrong in the past?

I wish that they had decided this case on the written description basis, and left the obviousness issue alone, instead of the vice-versa approach that they took here. I think that the court reached the right endpoint, but the reasoning that they used to get there makes the whole understanding of obviousness-by-inherency much more confusing than it used to be.

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