May 8, 2013
- 291 Patents
- 291II Patentability
- 291II(A) Invention; Obviousness
- 291k16 Invention and Obviousness in General
- 291k16(4) k. Critical Time; Hindsight.
In considering obviousness of patent, court must conduct its inquiry as if it were to step backward in time and into shoes worn by person of ordinary skill in the art when invention was unknown and just before it was made.
Boehringer Ingelheim Animal Health, Inc. v. Schering-Plough Corp., 984 F.Supp. 239 (D.N.J. 1997)