What is the significance of In re Wiggins in patent law?
In re Wiggins is a significant case in patent law that clarifies the role of secondary considerations in different types of patent rejections. The case is cited in MPEP 2131.04, which states:
“Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a rejection so based. In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 425 (CCPA 1973).”
The significance of In re Wiggins lies in its clear distinction between the applicability of secondary considerations to different types of patent rejections:
- It established that secondary considerations are not relevant to anticipation rejections under 35 U.S.C. 102.
- By implication, it reinforced that secondary considerations remain important for non-obviousness determinations under 35 U.S.C. 103.
This case helps patent examiners, attorneys, and inventors understand how to properly apply and argue secondary considerations in patent prosecution and litigation.
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