What is the test for obviousness under pre-AIA 35 U.S.C. 103(a)?

The test for obviousness under pre-AIA 35 U.S.C. 103(a) is outlined in form paragraph 7.23.fti. This paragraph summarizes the factual inquiries established by the Supreme Court in Graham v. John Deere Co.:

The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:

1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.

The MPEP notes: This form paragraph may be used, if appropriate, in response to an argument regarding the applicability of the factors for determining obviousness.

To learn more:

• pre-AIA 35 U.S.C. 103(a)
• obviousness test
• Graham factors
• patent examination