Digest of Plas-Pak Indus., Inc. v. Sulzer Mixpac AG, No. 2014-1447 (Fed. Cir. Jan. 27, 2015) (nonprecedential). On appeal from Patent Trial and Appeal Board. Before Lourie, Moore and Reyna.

Procedural Posture: Third party requester appealed decision confirming patentability in Reexamination No. 95/001,656. CAFC affirmed.

  • Obviousness: The PTO did not err in affirming the patentability of claims directed to a paint spraying apparatus using cylindrical cartridges and a mixing nozzle as non-obvious over: 1) modifications to prior art using valves and pumps to prevent backflow; and 2) modifications to prior art designed for the specific purpose of dispensing fluid materials directly into surface cracks to minimize leakage, because each modification would have fundamentally altered the “principle of operation” of the prior art such that a person of ordinary skill in the art would be unlikely to pursue the combination.