11. The ultimate conclusion on the obviousness question will be made by the court. However, in order for the court to do so, you must answer the following preliminary factual questions: a. What was the level of ordinary skill in the field that someone would have had at the time the claimed invention was made? (check the applicable answer) set forth Alleged Infringer’s contention, e.g., an individual with at least 3 years of experience in both furniture design and manufacture] [set forth Patent Holder’s contention, e.g., anyone who has worked in the field of furniture design or manufacture for at least two years] [other, specify: ] b. What was the scope and content of the prior art at the time of the claimed invention? (check the applicable answer) [set forth what the Alleged Infringer has offered as the invalidating prior art, e.g., ’123 patent on fixed sitting device with four legs, general knowledge in field of industrial design that a horizontal surface may be held parallel to the ground using three legs and common knowledge that a person can easily move an object weighing under 25 pounds] [set what the Patent Holder asserts was within the scope and content of the prior art, e.g., patent on fixed sitting device with four legs] ’123 [other, specify: ] c. What difference, if any, existed between the claimed invention and the prior art at the time of the claimed invention? [set forth the Alleged Infringer’s contention as to the difference, e.g., no difference between scope of invention and what is known in prior art] [set forth the Patent Holder’s contention as to the difference, e.g., only 3 legs on a sitting device and portability] [other, specify: ] d. Which of the following factors has been established by the evidence with respect to the claimed invention: (check those that apply)[verdict form should list only those factors for which a prima facie showing has been made]: commercial success of a product due to the merits of the claimed invention a long felt need for the solution that is provided by the claimed invention unsuccessful attempts by others to find the solution that is provided by the claimed invention copying of the claimed invention by others unexpected and superior results from the claimed invention acceptance by others of the claimed invention as shown by praise from others in the field or from the licensing of the claimed invention
11. The ultimate conclusion on the obviousness question will be made by the court. However, in order for the court to do so, you must answer the following preliminary factual questions: a. What was the level of ordinary skill in the field that someone would have had at the time the claimed invention was made? (check the applicable answer) set forth Alleged Infringer’s contention, e.g., an individual with at least 3 years of experience in both furniture design and manufacture] [set forth Patent Holder’s contention, e.g., anyone who has worked in the field of furniture design or manufacture for at least two years] [other, specify: ] b. What was the scope and content of the prior art at the time of the claimed invention? (check the applicable answer) [set forth what the Alleged Infringer has offered as the invalidating prior art, e.g., ’123 patent on fixed sitting device with four legs, general knowledge in field of industrial design that a horizontal surface may be held parallel to the ground using three legs and common knowledge that a person can easily move an object weighing under 25 pounds] [set what the Patent Holder asserts was within the scope and content of the prior art, e.g., ’123 patent on fixed sitting device with four legs] [other, specify: ] c. What difference, if any, existed between the claimed invention and the prior art at the time of the claimed invention? [set forth the Alleged Infringer’s contention as to the difference, e.g., no difference between scope of invention and what is known in prior art] [set forth the Patent Holder’s contention as to the difference, e.g., only 3 legs on a sitting device and portability] [other, specify: ] d. Which of the following factors has been established by the evidence with respect to the claimed invention: (check those that apply)[verdict form should list only those factors for which a prima facie showing has been made]: commercial success of a product due to the merits of the claimed invention a long felt need for the solution that is provided by the claimed invention unsuccessful attempts by others to find the solution that is provided by the claimed invention copying of the claimed invention by others unexpected and superior results from the claimed invention acceptance by others of the claimed invention as shown by praise from others in the field or from the licensing of the claimed invention