Commission Issues Opinion on Obviousness
On September 21, 2009, the Commission issued a notice reversing a Remand Initial Determination of Chief ALJ Luckern and denying respondent’s motions to strike and to conform pleadings to evidence taken in Inv. No. 337-TA-623, In the Matter of Certain R-134a Coolant (Otherwise Known as 1,1,1,2-Tetrafluoroethane). The Commission reversed the RID’s conclusion that claim 1 of U.S. Patent No. 5,559,276, concluding that the claim would have been obvious to one of ordinary skill in the art at the time of invention. The Commission disagreed with Chief ALJ Luckern’s determination on remand that it was not necessary to consider the respondent’s arguments relating to admissions by complainants and the “state of the prior art at the time of invention.” The Commission was able to find the claim at issue obvious without consulting the specific remand references, and determined that, were they consulted, the conclusion would be the same. (PDF)
