The Federal Circuit has issued a couple of opinions recently that, in my view at least, contain commentary unnecessary to the decision that seems aimed at justifying its "teaching, suggestion, motivation" test for obviousness, a test currently before the Supreme Court in the KSR case. This opinion (Download 061088p.pdf) in DyStar is a good example, especially pages 17-22. I don't recall seeing such circuit opinions before. Does anyone else? Any thoughts on the practice, assuming my characterization is correct?
DM
DM - I noticed that, too. They almost read like amicus briefs before the Supreme Court. I'm not sure of the ethics of the practice, but it's definitely not just you who is spotting it -- it's glaring.
Posted by: David Hricik | October 10, 2006 at 05:47 PM