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In re Winslow - 53 C.C.P.A. 1574, 365 F.2d 1017 (C.C.P.A. 1966)

Rule:

35 U.S.C.S. § 103 requires the court to presume full knowledge by the inventor of the prior art in the field of his endeavor.

Facts:

Winslow filed patent claims for an apparatus and method of opening, filling, and closing plastic bags. The claims were rejected. Winslow challenged the patent office's rejection of claims pertaining to opening and filling the bags. Winslow argued that hindsight reconstruction had been employed by the patent office, and it should not have rejected the patent based on prior art. 

Issue:

Did the Patent Office Board of Appeals err in rejecting Winslow’s patent claims based on prior art?

Answer:

No

Conclusion:

The court held that under 35 U.S.C.S. § 103, it was required to presume full knowledge by the inventor of the prior art in the field of his endeavor. The court found no hindsight reconstruction by the patent office, but only selection and application of very pertinent art. Therefore, the court affirmed the decision of the patent office.

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