In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both on the courts and Congress.
John M. Webb S.Ed.,
Patents - The Changing Standard of Patentable Invention: Confusion Compounded,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol55/iss7/4