Order of Steps Generally Not Critical

Frazier v. Layne Christensen Co., [06-1584](June 29, 2007)[BRYSON, Schall, Linn] NON-PRECEDENTIAL The Federal Circuit affirmed JMOL that U.S. Patent No. 5,579,845 was invalid for obviousness.
BRIEF: The Federal Circuit rejected the patentee's attack on JMOL because it failed to identify the specific prior art, finding that the district court did identify specific prior art. While the patentee argued that the prior art did not show adjustment of a waveform generator while the generator was in a well bore, the Federal Circuit found that the claims did not specifically claim this, rather the patentee was relying on the order of steps, which the Federal Circuit said was not critical: "Ordinarily, the order of the steps of a method claim need not be performed in the order in which they are recited."