... the left the petition notes that a person of skill in the art would take that instruction that we just saw to go look at other layouts in similar systems. And in the portion on the right the Petitioner and Petitioner’s expert talk about how a person ...
Federal Circuit in the ICON Health & Fitness case has talked about how when you have equipment of different sizes in two different references, that doesn’t mean that a person of skill in the art 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IPR2023-01236 Patent 10,815,188 B2 IPR2023-01237 Patent 9,586,805 B1 IPR2023-01238 Patent 10,974,955 B2 wouldn’t be able to figure ...
They just point them out and say that a person of skill in the art seeing this blocked storage area wouldn’t look at it anymore. But we know from the case law that’s not what a person of skill in the art would do.
... on Slide 35, sorry, getting a little further with that, just showing Petitioner’s expert actually did do weighing, and noted that these elements in Cable are simple aisle walkways, known elements to persons of skill in the art. And that a person ...
You can see the photo on the right, which is from Exhibit 2012 where there are safety concerns that can result in some pretty serious incidents, fires, personal injuries, and that type of thing.
And that’s I think what we’re advocating for here is that there’s so much at stake with fires that can occur and personnel that can become injured that it’s certainly something that would be taken into consideration.
A person of ordinary skill in the art would conclude that the use of brass in refueling is really just a serious risk. And again, with fires and personal injury at stake there’s really no reason to take that kind of risk.
There are some pretty serious consequences that can happen in the face of refueling problems, fires, personal injury and there's no reason why one of ordinary skill in the art would take the risk of using a brass fitting or an AFLA seal that ...