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· 7/7/1997

In Re Michael Geisler, Rudolf Kotter-Faulhaber, Susanne Wuerz and Michael Jung

Citations

  • 116 F.3d 1465
  • 43 U.S.P.Q. 2d (BNA) 1362
  • 1997 U.S. App. LEXIS 16505
  • 1997 WL 367273

How courts have described this case

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

  • noting that generally, in the context of obviousness, “it is not in- ventive to discover the optimum or workable ranges by routine experimentation”
  • stating that a prima facie case may be rebutted “by showing that the claimed range achieves unexpected results relative to the prior art range ” (emphases added) (internal quotations omitted)
  • observing that “a prima facie case of obviousness can be rebutted if the applicant (1) 10 BRISTOL-MYERS SQUIBB COMPANY v. TEVA PHARMACEUTICALS USA, INC. can establish ‘the existence of unexpected properties in the range claimed’ or (2
  • affirming finding of obviousness where range in patent, 100–600, overlapped with range of 50–100 disclosed in prior art
  • finding a 26 percent improvement in wear resistance insufficient to constitute proof of “substantially improved results”
  • requiring unexpected results for the claimed range to be established by factual evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Clevenger, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.