In re Constr Equip. Co., No. 10-1507 (Fed. Cir. 2011)
Annotate this CaseThe 564 patent, entitled Mobile Screen Assembly for Rubble and Debris, is directed to a vehicle for screening rocks and plant matter (among other things) based on size from, for example, soil or dirt at a construction site. In reexamination proceedings, the PTO rejected some claims as obvious (35 U.S.C. 103). The Board of Patent Appeals and Interferences generally affirmed. The Federal Circuit affirmed. Every limitation of each claim on appeal is found in one or another of the available references. One of ordinary skill in the art would have been able to combine the available references in such a way as to practice the alleged invention of each claim and such a person would have had a reason to make such combinations, for the reasons set forth by the Board and by the Examiner.
The court issued a subsequent related opinion or order on December 15, 2011.
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