This invention is a device
that functions as a protection for animal’s ears from being soiled by the food
while the animal is eating. The motivation for this invention is the
observation that animals’ hair often gets in contact with food while they eat.
Hence, the inventor aims design a device that prevents such contact and at same
time is comfortable for the animal to use. The basic mechanism for the device
is a tubular shaped plastic sheet that can be opened and closed to allow easy
insertion of the animal ear. The ear protectors and animal’s ears are held away
from the head of the animal by two straps, one passing above, and one below the
head of the animal.
This patent was granted in
1980, and it demonstrates the flaw of the obviousness test. In general, an
invention is not obvious if the invention is not obvious to a “person having
ordinary skill in art.” The non-obviousness test used in the 1980 is
teaching-suggestion-motivation test. This test
requires that there be a suggestion or teaching in the prior art to combine
elements shown in the prior art in order to fail the non-obviousness test. In
1980, the Internet has not been invented and mass media is not as pervasive as
today. Since the use of animal ear protector is trivial, it is unlikely that
such method has been formally documented even if the method has been used by
some people at home. Additionally, the animal ear protector should be obvious
to person skilled in art since horsetail braiding, commonly practice for a long
time, has the same effect of separating tail from the horseback.
I think this patent is useful, but I do agree that it would be obvious for any skilled person in the field to invent. Great job describing the patent and its use as comfortable and protective.
ReplyDeleteI agree with your points here. It would be an obvious patent.
ReplyDeletehey! great blog post. This was a really interesting silly patent! I like how you ended it with novelty and obviousness when you stated, " the animal ear protector should be obvious to person skilled in art since horsetail braiding, commonly practice for a long time, has the same effect of separating tail from the horseback. "
ReplyDeleteHey Yi,
ReplyDeleteNice work with this one too. I think the patent was very obvious and I am surprised people in the patent office were able to pass it through the system.
Hi Yi,
ReplyDeleteI am not sure what is funnier, the idea itself or the absurd drawings included! Good find