A recent decision of the United States District Court for the District of Delaware (In Re: `318 Patent Infringement Litigation) has cast new light on the tension between two sometimes conflicting requirements for patent validity: “nonobviousness” and “enablement.”
In order to be valid, a patent must claim subject matter that, as a whole, would not have been obvious, at the time the invention was made, to a person having ordinary skill in the art to which the subject matter pertains.¹