Secondary Considerations Of Non-Obviousness Cap On Obviousness Showing

In a rare case where secondary considerations of non-obviousness carried the day, the Patent Trial and Appeal Board (PTAB) concluded that even though the petitioner made a sufficient obviousness showing, the patent owner's evidence of secondary considerations was sufficiently compelling to overcome such a showing. World Bottling Cap, LLC v. Crown Packaging Technology, Inc., Case No. IPR2015-01651 (PTAB, Jan. 19, 2017) (Saindon, APJ). 

The patent at issue is directed to a specific type of bottle cap, called a crown cap, used for glass beer or soda bottles. Crown caps have been around for more than a century but, according to the patent, Crown Packaging's cap was unique because it was made with thinner and harder steel than conventional caps.