In Re Anita Dembiczak and Benson Zinbarg

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[t]he range of sources available does not diminish the requirement for actual evidence” of a motivation or suggestion
• noting that while the references need not expressly teach that the disclosure contained therein should be combined with another, the showing of combinability must be “clear and particular”
• criticizing the \hindsight syndrome wherein that which only the inventor taught is used against its teacher\
• stressing the importance of “casting the mind back to the time of the invention” and ignoring the “powerful attraction of hindsight-based obviousness”
• refusing to consider an obviousness rejection raised for the first time on appeal from the PTO
• “[I]t is this phrase that guards against entry into the tempting but forbidden zone of hindsight.” (internal quotations omitted)

Source: CourtListener parenthetical corpus (CC0).