Obviousness After KSR, Leapfrog

On April 30, 2007 the United States Supreme Court handed down an important decision on the scope of obviousness under 35 USC § 103.

Although the case concerned the placement of an electronic control, (i.e., a throttle control) on a vehicle control pedal, language in the decision could affect on the scope afforded claims drawn to computer implemented inventions, such as automated systems and business method patents.

Applying a “teaching, suggestion, motivation test” the Federal Circuit had reversed a District Court’s finding that a claimed vehicle control pedal was obvious.

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