【判例】103 的研究

何種為適當的引證案？
How to properly found the references？The district court also properly found that the references for this obviousness analysis were proper prior art. ：

●A reference is appropriate prior art if within the field of the inventor’s endeavor. Bausch & Lomb, Inc. v. Barnes- Hind/Hydrocurve, Inc., 796 F.2d 443, 449 (Fed. Cir. 1986).
●Alternatively, a reference qualifies as prior art if “reasonably pertinent to the particular problem with which the inventor was involved.” Id.
●“A reference is reasonably pertinent if, even though it may be in a different field of endeavor, it is one which, because of the matter with which it deals, logically would have commended itself to an inventor’s attention in considering his problem.” In re GPAC Inc., 57 F.3d 1573, 1578 (Fed. Cir. 1995) (quotations and citations omitted).
●If a reference’s disclosure relates to the same problem as the claimed invention, “that fact supports use of that reference in an obviousness rejection.” In re Clay, 966 F.2d 656, 659 (Fed. Cir. 1992).

從什麼方向去找 suggestion or motivation：
A suggestion or motivation to modify prior art teachings may appear (1) in the content of the public prior art, (2) in the nature of the problem addressed by the invention, or even (3) in the knowledge of one of ordinary skill in the art. SIBIA Neurosciences, Inc. v. Cadus Pharm. Corp., 225 F.3d 1349, 1356 (Fed. Cir. 2000).

一般常使用的是 (1)、(3)，但 (2)比較有趣。

In addition, the nature of the problem supplies a motivation to combine these prior art references. The district court provided a detailed analysis of the nature of the problem solved by the invention.

In other words, the nature of the problem called for exactly the solutions in the prior art. Moreover the nature of the problem, as noted again in Dr. Jorgenson’stestimony, called for the combination. Dr. Jorgenson observed that the problem
called for coiled electrophoresis tubes, including capillary tubes, secured in place in a variety of ways. Id.

什麼叫 “the nature of the problem called for the combination”？還是搞不懂，但也許應該要從技術本身去看了。