Reference Reasonably Pertinent to One Problem Deemed Analogous Art, PTAB Litigation Blog
Visit the Jones Day PTAB Litigation Blog.
Section 103 does not, by its terms, define the "art to which [the] subject matter [sought to be patented] pertains," but longstanding precedent couches this question of fact in terms of "whether the art is analogous or not." See In re Clay, 966 F.2d 656, 658 (Fed. Cir. 1992); Application of Wood, 599 F.2d 1032, 1036 (C.C.P.A. 1979). There are two distinct, yet equally effective, criteria for determining whether a reference is analogous art.
Read the full article at ptablitigationblog.com.
