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136 | PATENT IT YOURSELF Fig. 6D(d)—Patent Document Kind Codes
ChaPter 6 | SEARCH and you may FIND | 137 First, note from Fig. 6B that the napkin-shaping ring of the invention has an annular (ring-shaped) outer member with an inwardly projecting leg. The leg has flared-back arms at its free end. When a folded napkin is drawn through the ring, tip first, the arms and annular member will shape the napkin between them in an attractive manner, as indicated in Fig. 6B(c). Of the four previous patents cited, let’s assume that only Gabel and Le Sueur are of real relevance. Gabel, a patent from 1930, shows a curtain folder comprising a bent sheet-metal member. A curtain is folded slightly and is drawn through the folder that completes the folding so that the curtain can be ironed when it is drawn out of the folder. Le Sueur, a patent from 1976, shows a napkin ring with a magnetized area for holding the letters of the name of a user. Now, as part of analyzing this sample search report, we’ll use the master flowchart of Fig. 5C. To save you from having to turn the pages repeatedly, I’ve reproduced it below, as Fig. 6E. If any part of this chart confuses you, reread the part of Chapter 5 that explains each box in detail. Okay, now let’s work our way through the chart: Box A: Millie’s napkin-shaping ring can be classified within a statutory class as an article (or even a machine, since it shapes napkins). Box B: It clearly has usefulness, since it provides a way for unskilled hostesses or hosts to give their napkins an attractive, uniform shape. Box C: We must now ask whether the invention is novel— that is, physically different from any single reference. Clearly it’s different from Le Sueur because of its inwardly extending leg 14. Also, it’s different from Gabel because, comparing it with Gabel’s Fig. 6, it’s rounder and it has a complete outer ring with an inwardly extending leg, rather than a folded piece of sheet metal. It’s important to compile a list of the differences (novel features) that the invention has over the prior-art references, not the differences of the references over your invention. Box D: The question we must now ask is, “Do the novel features (the roundness of the ring, the inwardly extending leg, and the flared-back arms) provide any new and unexpected results?” After carefully comparing Gabel with Millie’s invention, we can answer with a resounding “Yes!” Note that Gabel states, in her column 2, lines 62 to 66, that the strip of cloth is first partially folded along its side edge and then it is placed in the folder. In contrast, Millie’s shaping ring, because of its roundness and leg, can shape a totally unfolded napkin—see Millie’s Figs. 3 and 4. This is a distinct advantage, since Millie’s shaper does all of the work automatically—the user does not have to specially fold the napkin. While not an earthshaking development or advance, clearly Millie’s ring does provide a new result and one that is unexpected, since neither Gabel, Le Sueur, nor any other reference teaches that a napkin ring can be used to shape an unfolded napkin. Thus we take the solid-line “Yes” output of Box D to Box E. Box E: Although not mandatory, we next check the secondary factors (1 to 22) listed in Boxes E, F, and G. Reading through these factors, we find first that factor 2 in Box E applies—that is, the invention solves a problem (the inability of most persons to quickly and neatly fold napkins so that they have an attractive shape) that was never before even recognized. Also, we can provide affirmative answers to factors 8 and 11, since the invention provides an advantage that was never before appreciated and it solves a long-felt, but unsolved need—the need of unskilled persons to shape napkins quickly and gracefully (long felt by the more fastidious of those who hate paper napkins, at least). Boxes F and G: Since two references are present, and each shows some part of Millie’s invention, we have to answer “Yes” to Box F and proceed to Box G to consider the possible effect that a combination of these would have on the question of obviousness (“combinatory unobviousness”). In Box G we see that factors 13, 15, 18, 19, and 21 can reasonably be argued as relevant to Millie’s invention. The invention has synergism (factor 21), since the results (automatic napkin folding) are greater than the sum of the references; the combination of the two references is not suggested (factor 13) by the references themselves; and even if the two references were combined, Millie’s inward leg would not be shown (factor 15). The references are complete and fully functional in themselves, and hence teach by implication that they should not be combined (factor 18). And it would be awkward, requiring redesign and tooling, to combine the references (factor 19). Thus we can with conviction state that several secondary factors are present, so we take the solid-line “Yes” output of Box G to Box H. Next, (Box H) we see that the PTO is very likely to grant a patent, and our determination on patentability is accord - ingly positive. In fact, this exercise is a real case: An examiner initially rejected an application for the napkin-shaping ring as unpatentable over Gabel and Le Sueur. However, he agreed to grant a patent (U.S. Pat. No. 4,420,102) after I filed an argument forcefully stating the above considerations. Tip Although I’ve analyzed the search report to determine whether Millie’s invention was patentable, it’s impor tant to remember that a weak patent isn’t much better than no
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Nondisclosure Agreement 1. Parties.
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Positive and Negative Factors Evalu
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INDex | 577 Biotechnology patents e
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About the Author David Pressman is
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