On April 15, 2021, the PTAB issued a Final Written Decision in the
First, some background on “crowded” prior art. Federal Circuit law says that “crowded” prior art can influence whether we read design patent claims holistically or focus on their details. For example, “[w]here there are many examples of similar prior art designs … differences between the claimed and accused designs that might not be noticeable in the abstract can become significant to the hypothetical ordinary observer who is conversant with the prior art.”
Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc).
But what makes prior art “crowded?” How “many” references make up a “crowd?” How “similar” must references be? Precedent is sparse, but suggests the answers are, respectively, “not many” and “not very.” In
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There is general agreement with the view of Dawson (1934a) that
shemshemet means cannabis, and the identification was strongly supported by the use of hempen rope making. As a drug, it has remained in active use since pharaonic times. It… was administered by mouth, rectum, vagina, bandaged the skin, applied to the eyes, and by fumigation. However, these applications provide no clear evidence of awareness of the effects of cannabis on the central nervous system. (Nunn, 2002)
Although most modern Egyptologists acknowledge a role for cannabis as a source of fiber and as a medicine, few see a role for hemp as a ritual intoxicant, and many researchers claim that the Egyptians were unaware of these properties. As noted in The Mummy Congress:
While putting on a very busty display in a tiny floral bra with a velvet cobalt blue bow on the front, the 32-year-old Grammy winner smoldered intensely at the camera.