What are the key requirements for establishing a prima facie case of obviousness?

The key requirements for establishing a prima facie case of obviousness are:

• Resolving the Graham factual inquiries
• Articulating a clear rationale for why the claimed invention would have been obvious
• Providing a reasoned explanation that avoids conclusory generalizations

As stated in the MPEP: “The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.” MPEP 2143

To learn more:

• obviousness
• prima facie case
• KSR
• Graham factors