[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.
The case stemmed from a January, 2023, PTAB decision where LKQ failed to identify a sufficient primary reference under Rosen-Durling, thus failing to prove obviousness.
En banc review granted in June 2023 following arguments that the CAFC applied a 'rigid approach' for 40 years and that KSR International v. Teleflex, Inc. overruled it.
CAFC judges wanted to modify the Rosen-Durling test but faced challenges in finding a clear replacement approach during oral arguments.
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