What is the significance of the “intended purpose” of prior art in obviousness determinations?
The proposed modification of prior art must not render it unsatisfactory for its intended purpose when determining obviousness. According to MPEP 2143.01, “If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, then there is no suggestion or motivation to make the proposed modification.” This principle, established in cases like In re Gordon, ensures that obviousness rejections are based on rational and feasible combinations of prior art teachings.
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Topics:
MPEP 2100 - Patentability,
MPEP 2143.01 - Suggestion Or Motivation To Modify The References,
Patent Law,
Patent Procedure