Inherent Anticipation

Fact that particular characteristic is necessary feature or result of prior art embodiment of invention is sufficient for inherent anticipation, even if that fact was unknown at time of prior invention.  Thus, proof of inherent anticipation does not require showing that person of ordinary skill in art would have recognized that asserted inherent characteristic was necessarily present in thing described in allegedly anticipating reference.  (Toro Co. v. Deere & Co., 69 USPQ2d 1584, CA FC, 1/20/04)


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