1. Intro to Novelty Patent Law Sept. 14, 2004

2. Newsflash!!

3. News Flash Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., __ F.3d __ (Fed. Cir. September 13, 2004)(Newman, J.) "[d]etermination of willfulness is made on consideration of the totality of the circumstances[.]“ The court also unanimously overruled earlier precedent to "hold that that no adverse inference that an opinion of counsel was or would have been unfavorable flows from an alleged infringer's failure to obtain or produce an exculpatory opinion of counsel."

4. It unanimously said "no" to the question: "When the attorney- client privilege and/or work- product privilege is invoked by a defendant in an infringement suit, is it appropriate for the trier of fact to draw an adverse inference with respect to willful infringement?"

5. Novelty § 102 A person is not entitled to a patent if the invention was: in the prior art (as defined by § 102 (a), (e), (g)) barred under § 102 (b), (c), (d)

6. Base, with passageway U-shaped bar Cutting element attached to bar Rotating handle at end of bar CLAIM 1: ELEMENTS

7. Cheese Industry Today New Trends in Slicers by J. Smith Sample Publication ________________ New innovations _______________________________ ______________various round, and____. ______________ _______ Exciting : stainless steel blades,, ___________ ________ ____________________. The wire slides into a convenient For tightened wire designs, cutting bar shapes: U-shaped, new cutting elements tightened wire attached to the bar passageway in the base. tightening can be achieved by rotating the handle.

8. Cheese Industry Today New Trends in Slicers by J. Smith ________________ New innovations _______________________________ ______________various round, and____. ______________ _______ Exciting : stainless steel blades,, ___________ ________ ____________________. The wire slides into a convenient For tightened wire designs, cutting bar shapes: U-shaped, new cutting elements tightened wire attached to the bar passageway in the base. tightening can be achieved by rotating the handle. Rotating handle at end of bar Cutting element attached to bar Base, with passageway U-shaped bar Rotating handle at end of bar Cutting element attached to bar Base, with passageway U-shaped bar NOVELTY REQUIREMENT NOT MET: NO PATENT GRANTED Claim ElementsClaim Elements in Publication

9. Cheese Industry Today New Trends in Slicers by J. Smith Sample Publication: Revised ________________ New innovations _______________________________ ______________various round, and____. ______________ _______ Exciting : stainless steel blades,, ___________ ________ ____________________. The wire slides into a convenient cutting bar shapes: U-shaped, new cutting elements tightened wire attached to the bar passageway in the base.

10. Invention Compared with Prior Art Rotating handle at end of bar Cutting element attached to bar Base, with passageway U-shaped bar Smith Article Jones Patent Adams Slicer XX XX XX INVENTION NOT ANTICIPATED NOVELTY REQT MET: PATENT GRANTED X

11. Novelty (Anticipation) [§ 102(a)] Versus Statutory Bars [§ 102(b)] Novelty/Anticipation concerned with NEWNESS – is it original to the patent applicant/patentee? Statutory Bars concerned with TIMELINESS – did the inventor file soon enough?

12. Critical Concept: the “Critical Date” The Invention Date

13. Critical Concept: the “Critical Date” The Invention Date The Prior Art

14. Earlier Invention, Earlier “Critical Date,” LESS PRIOR ART The Invention Date The Prior Art

15. Conception: Summer 1886 Reduction to practice: 7/12/1886 Novelty Critical Date Example Filed: 6/7/1889 Unpacking the “invention date”

16. 4/8/81 The “Critical Date” for the Patent Application Texas Instruments places P.O. for 30,100 new chip carriers Pfaff Files Patent Application 7/81 Order Filled Statutory Bar Example 4/19/82 4/19/81

17. 4/8/81 The “Critical Date” for the Patent Application Texas Instruments places P.O. for 30,100 new chip carriers Pfaff Files Patent Application 7/81 Order Filled Statutory Bar 4/19/82 4/19/81 “More than one year before” filing

18. In re Robertson Page 365 Held: Claim 76 not anticipated

19. United States Patent 5,279,604 Robertson, et al. January 18, 1994 Mechanical fastening systems with disposal means for disposable absorbent articles Abstract A disposable absorbent article with a mechanical fastening system having an additional fastening element so as to provide convenient disposal of the absorbent article. The mechanical fastening system preferably comprises a tape tab having a first fastening element, a landing member comprising a second fastening element engageable with the first fastening element, and an additional fastening element for allowing the absorbent article to be secured in a configuration that provides convenient disposal of the absorbent article. The additional fastening element preferably comprises a second fastening element affixed to the backing surface of at least one of the tape tabs Inventors: Robertson; Anthony J. (Blue Ash, OH); Scripps; Charles L. (Brookfield, WI) Assignee: The Procter & Gamble Company (Cincinnati, OH) Appl. No.: 918156 Filed: July 20, 1992

22. United States Patent 4,895,569 Wilson, et al. * January 23, 1990 Fastening system for a disposable absorbent garment having a tailored seam

23. The Invention Date: Robertson application filed United States Patent 4,895,569 Wilson, et al. * January 23, 1990 Fastening system for a disposable absorbent garment having a tailored seam Filed: July 20, 1992

24. Wilson Patent Issued before the “Critical Date” The Robertson Invention Date The Prior Art

25. Wilson Patent is IN THE PRIOR ART The Robertson Invention Date The Prior Art

26. Securing Tab

27. Alternative Embodiment: No separate securing tab

28. In re Robertson Claim 76: “A mechanical fastening system for forming side closures comprising [1] a closure member … comprising [a] a first mechanical fastening means, said [means] comprising [i] a first fastening element... [b] a landing member, comprising... [c] disposal means, comprising...

29. Wilson reference –Closure member –Landing member –Disposal means with... 3 rd fastening element? Wilson specification: “fasten rear pair of mating fastening members to one another...” p 368

30. United States Patent 4,895,569 Wilson, et al. * January 23, 1990 Fastening system for a disposable absorbent garment having a tailored seam Abstract A disposable absorbent garment (10) of the type having opposed engageable waistband portions (14) separated by an intermediate portion (16), comprises a breathable elastomeric nonwoven fabric outer cover (12) and a superposable absorbent structure (32), Inventors: Wilson; John C. (Neenah, WI); Rajala; Gregory J. (Neenah, WI); Boland; Leona G. (Neenah, WI); Zehner; Georgia L. (Larsen, WI) Assignee: Kimberly-Clark Corporation (Neenah, WI) [*] Notice: The portion of the term of this patent subsequent to October 20, 2004 has been disclaimed.Appl. No.: 089647 Filed: August 25, 1987