美國專利進步性面面觀 ─ General Electric Company v. Raytheon Technologies Corporation
喻韜/北美智權 專利工程研究員
美國專利實務需要基於相關的引證案論證,本領域中具有一般知識者,具修飾/結合先前技術的動機 (motivation to modify/combine the prior art) 與有對成功的合理期待 (reasonable expectation of success),才能斷言請求項不具進步性。而這個動機,是可以透過引證案中一些負面評價來被推翻的,即所謂的反向教示 (teach away),但值得我們深思的是「甚麼樣的評價可以被認定是負面的?」
9. A method of designing a gas turbine engine comprising:
providing a core nacelle defined about an engine centerline axis;
providing a fan nacelle mounted at least partially around said core nacelle to define a fan bypass flow path for a fan bypass airflow;
providing a gear train within said core nacelle;
providing a first spool along said engine centerline axis within said core nacelle to drive said gear train, said first spool includes a first turbine section including between three–six (3–6) stages, and a first compressor section;
providing a second spool along said engine centerline axis within said core nacelle, said second spool includes a second turbine section including at least two (2) stages and a second compressor section;
providing a fan including a plurality of fan blades to be driven through the gear train by the first spool, wherein the bypass flow path is configured to provide a bypass ratio of airflow through the bypass flow path divided by airflow through the core nacelle that is greater than about six (6) during engine operation.
a reference does not teach away ‘if it merely expresses a general preference for an alternative invention but does not “criticize, discredit, or otherwise dis-courage” investigation into the invention claimed.’