Promote the Progress� ::: J. Matthew Buchanan's Patent Blog ::: KSR v. Teleflex - get back to where you once belonged: "My review of the KSR v. Teleflex opinion is now available on FedCirc.us. I've reproduced the summary below.
In KSR v. Teleflex, a unanimous Supreme Court reminded the Court of Appeals for the Federal Circuit that Graham v. John Deere controls the obviousness inquiry and warned that a rigid application of the teaching / suggestion / motivation test as a litmus test for obviousness is inconsistent with the Graham framework. Stopping short of rejecting the TSM test outright, the Supreme Court slapped the test into submission, leaving it gutless and wanting for a purpose. Simply put, the TSM shortcut for an obviousness analysis is no longer available."
