The failure of others to create an invention while having the means to do so and knowing of a need is evidence that the invention "demanded more intuition than was possessed by the ordinary workers in the field."
How later courts described this case
- The failure of others to create an invention while having the means to do so and knowing of a need is evidence that the invention "demanded more intuition than was possessed by the ordinary workers in the field."
Written by the judges who cited it.
The opinion
SWAN, Circuit Judge
(dissenting in part).
In my opinion Judge Byers' decision holding invalid claim 3 should be affirmed. I agree to dismissal of the complaint as to the other claims as moot.