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摘自Patently-O

 

Arendi S.A.R.L. v. Apple Inc., Appeal No. 15-2073 (Fed. Cir. 2016)\

 

Caveats to Common Sense: In confining the use of common sense, the Federal Circuit identified three “caveats” to its use:

1.                                “First, common sense is typically invoked to provide a known motivation to combine, not to supply a missing claim limitation.”

2.                                Second, when common sense is used to supply a missing claim limitation, it should only apply where the missing limitations is “unusually simple and the technology particularly straightforward.”

3.                                “Third . . . common sense . . . cannot be used as a wholesale substitute for reasoned analysis and evidentiary support, especially when dealing with a limitation missing from the prior art references specified.”

Although not listed specifically as a caveat, the court also discussed a fourth – that statements of common sense or general knowledge cannot overcome “important” claim limitations without supporting evidence.