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Question: Does Orbur's invention meet the utility requirement? 11. Inventor patents a new type
of satellite. When Inventor sues Competitor for building an identical satellite, Competitor argues
the patent is invalid for obviousness. The claimed invention is a combination of elements that
already appear in various references in the relevant prior art. Nothing in the prior art suggests
combining the references. But there is a very high level of skill in the relevant art of satellite
engineering. Competitor argues that such a high skill level means that one skilled in the art
would find any combination of references to be obvious. Question: Should the court accept that
argument? 12. Nick and Tony, plumbing engineers, have both signed agreements assigning
patent rights in their work to their employer, Super Plumbing. Nick spends considerable effort
trying to develop a soaperator. Although Nick makes great progress, he does not quite develop
the desired invention. Tony, however, continues the quest, relying in part on Nick's work. Tony
finally develops a soaperator, "A Device for Aerating Water and Providing Soap for Hand
Washing." Question: In deciding whether Tony's invention was non-obvious, does Nick's work
count as prior art?

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Question- Does Orbur's invention meet the utility requirement- 11- Inv.pdf

  • 1. Question: Does Orbur's invention meet the utility requirement? 11. Inventor patents a new type of satellite. When Inventor sues Competitor for building an identical satellite, Competitor argues the patent is invalid for obviousness. The claimed invention is a combination of elements that already appear in various references in the relevant prior art. Nothing in the prior art suggests combining the references. But there is a very high level of skill in the relevant art of satellite engineering. Competitor argues that such a high skill level means that one skilled in the art would find any combination of references to be obvious. Question: Should the court accept that argument? 12. Nick and Tony, plumbing engineers, have both signed agreements assigning patent rights in their work to their employer, Super Plumbing. Nick spends considerable effort trying to develop a soaperator. Although Nick makes great progress, he does not quite develop the desired invention. Tony, however, continues the quest, relying in part on Nick's work. Tony finally develops a soaperator, "A Device for Aerating Water and Providing Soap for Hand Washing." Question: In deciding whether Tony's invention was non-obvious, does Nick's work count as prior art?