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What are the factors of nonobviousness?

Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision

How do you overcome 102 rejections?

In all applications, an applicant may overcome a 35 U.S.C. 102 rejection by persuasively arguing that the claims are patentably distinguishable from the prior art, or by amending the claims to patentably distinguish over the prior art.

What does it mean to teach away in patent law?

To teach away, as the IPCC further explained, means that the prior art explicitly excluded the combination of known components or provided a teaching or suggestion that the combination of known components is technically incompatible; or that a person ordinarily skilled in the art would conduct research to address the

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How do you overcome 103 rejection?

Overcoming a Patent 103 Rejection Provide documentation the invention is nonobvious. Attack the suggestion/motivation to combine. Argue against a reasonable expectation of success of the combined prior art. Fight the rejection on the basis of impermissible hindsight. Amend the claim(s).

What is the prima facie case of obviousness?

The legal concept of prima facie obviousness is a procedural tool of examination which applies broadly to all arts. It allocates who has the burden of going forward with production of evidence in each step of the examination process. See In re Rinehart, 531 F. 2d 1048, 189 USPQ 143 (CCPA 1976); In re Lintner, 458 F.

What is evidence of nonobviousness?

Nonobviousness can be shown when a person of ordinary skill in the art would not have reasonably predicted the claimed invention based on the prior art, and the resulting invention would not have been expected.

What is the test for non-obviousness in the US?

Nonobviousness is a quality in patent law describing something that is not readily apparent. In order to obtain a patent, an invention must be nonobvious. If someone of ordinary skill in a relevant field could easily make the invention, then it is considered obvious and would be an invention based on prior art.

How do you prove non-obviousness?

One way to show non-obviousness is to perform a patentability search prior to filing a patent application. Such a search should elicit the closest prior art, which will permit us to tell the story of the inventiveness and to prepare the claims of the application in such a way so as to avoid the prior art.

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