Weather Shield Mfg. is petitioning the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR) and cancel the claims made in a 2018 Quaker Window Products patent for thermally-enhanced multi-component windows.

On two grounds, Weather Shield challenges claims 1-16 made by Quaker Window Products for its thermally-enhanced multi-component window patent issued in 2018. Both reference prior patents, precedents and industry standards in arguing that the claims are “rendered obvious” and therefore cannot be patented under U.S.C. 103(a). According to the code, inventions are only patentable if they incorporate non-obvious improvements.

According to Weather Shield, a person of skill in the industry would have found it obvious to combine the industry’s “collective teachings” and “arrive at the claimed subject matter.”

From the width of thermal cavities and wood claddings to the use of aluminum frames and glass panes, Weather Shield argues that a “skilled artisan would have readily appreciated how to combine the teachings of the references relied upon herein.”

A copy of the petition was sent to Quaker’s attorney on record on June 16, according to documentation.

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