Appeal 2007-1315
Application 09/828,437
1 technique has been used to improve one device, and a person of ordinary skill in
2 the art would recognize that it would improve similar devices in the same way,
3 using the technique is obvious unless its actual application is beyond that person’s
4 skill.” Id. at 1740, 82 USPQ2d 1396. “Under the correct analysis, any need or
5 problem known in the field of endeavor at the time of invention and addressed by
6 the patent can provide a reason for combining the elements in the manner
7 claimed.” Id. at 1742, 82 USPQ2d at 1397.
8 Obviousness of Automation
9 It is generally obvious to automate a known manual procedure or mechanical
10 device. Our reviewing court stated in Leapfrog Enterprises Inc. v. Fisher-Price
11 Inc.,485 F.3d 1157, 82 USPQ2d 1687 (Fed. Cir. 2007) that one of ordinary skill in
12 the art would have found it obvious to combine an old electromechanical device
13 with electronic circuitry “to update it using modern electronic components in order
14 to gain the commonly understood benefits of such adaptation, such as decreased
15 size, increased reliability, simplified operation, and reduced cost. … The
16 combination is thus the adaptation of an old idea or invention … using newer
17 technology that is commonly available and understood in the art.” Id. at 1161-62,
18 82 USPQ2d at 1691.
19 Obviousness and Nonfunctional Descriptive Material
20 Descriptive material can be characterized as either “functional descriptive
21 material” or “nonfunctional descriptive material.” Exemplary “functional
22 descriptive material” consists of data structures1 and computer programs, which
1 The definition of “data structure” is “a physical or logical relationship among
data elements, designed to support specific data manipulation functions.” The New
IEEE Standard Dictionary of Electrical and Electronics Terms 308 (5th ed. 1993).
14
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