Why is the Old Combination rejection no longer valid in patent examination?
The Old Combination rejection is no longer valid due to changes in patent law and subsequent court interpretations. The MPEP 2173.05(j) states:
“A majority opinion of the Board of Appeals held that Congress removed the underlying rationale of Lincoln Engineering in the 1952 Patent Act, and thereby effectively legislated that decision out of existence. Ex parte Barber, 187 USPQ 244 (Bd. App. 1974).”
This change in law and interpretation means that patent claims should be evaluated based on their compliance with 35 U.S.C. 112(b) rather than on the old combination principle.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(J) - Old Combination,
Patent Law,
Patent Procedure