Appeal No. 2005-1485
Application No. 10/317,040
suggested the desirability, and thus the obviousness, of using the
claimed plate made of color-producing metal or metal oxide in a cut
gemstone coloring method. See In re Lee, 277 F.3d 1338, 1343-44,
61 USPQ2d 1430, 1434 (Fed. Cir. 2002). (“This factual question of
motivation is material to patentability, and could not be resolved
on subjective belief and unknown authority”); see also In re
Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir.
1999)(“[T]he best defense against the subtle but powerful
attraction of a hindsight-based obviousness analysis is rigorous
application of the requirement for a showing of the teaching or
motivation to combine prior art references”).
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