MPEP § 2141.03 — Level of Ordinary Skill in the Art (Annotated Rules)

§2141.03 Level of Ordinary Skill in the Art

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2141.03, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Level of Ordinary Skill in the Art

This section addresses Level of Ordinary Skill in the Art. Primary authority: 35 U.S.C. 102 and 35 U.S.C. 112. Contains: 1 requirement, 4 permissions, and 12 other statements.

Key Rules

Topic

Obviousness

8 rules
StatutoryPermittedAlways
[mpep-2141-03-c0bbf01d786056085efe3364]
Use of Non-Prior Art to Demonstrate Skill Level
Note:
This rule permits using references that are not prior art to show the level of skill in the relevant field at or around the time of invention.

References which are not prior art may be relied upon to demonstrate the level of ordinary skill in the art at or around the relevant time. See In re Merck & Co., Inc., 800 F.2d 1091, 1098, 231 USPQ 375, 380 (Fed. Cir. 1986) (“Evidence of contemporaneous invention is probative of ‘the level of knowledge in the art at the time the invention was made.’” (citing In re Farrenkopf, 713 F.2d 714, 720, 219 USPQ 1, 6 (Fed. Cir. 1983))); Ecolochem, Inc. v. S. California Edison Co., 227 F.3d 1361, 1379, 56 USPQ2d 1065, 1079 (Fed. Cir. 2000) (“The fact of near-simultaneous invention, though not determinative of statutory obviousness, is strong evidence of what constitutes the level of ordinary skill in the art.” (quoting The Int’l Glass Co. v. United States, 408 F.2d 395, 405, 159 USPQ 434, 442 (Ct. Cl. 1969))). See also Thomas & Betts Corp. v. Litton Sys., Inc., 720 F.2d 1572, 1580-81, 220 USPQ 1, 7 (Fed. Cir. 1983) (“Thus, the [unpublished internal materials], though not technically prior art, were, in effect, properly used as indicators of the level of ordinary skill in the art to which the invention pertained.”).

StatutoryInformativeAlways
[mpep-2141-03-9a0f65e7bdf9c12efddb66f5]
Evidence of Contemporaneous Invention Indicates Art Knowledge Level
Note:
Evidence showing simultaneous invention can demonstrate the level of knowledge in the relevant art at the time of the invention.

References which are not prior art may be relied upon to demonstrate the level of ordinary skill in the art at or around the relevant time. See In re Merck & Co., Inc., 800 F.2d 1091, 1098, 231 USPQ 375, 380 (Fed. Cir. 1986) (“Evidence of contemporaneous invention is probative of ‘the level of knowledge in the art at the time the invention was made.’” (citing In re Farrenkopf, 713 F.2d 714, 720, 219 USPQ 1, 6 (Fed. Cir. 1983))); Ecolochem, Inc. v. S. California Edison Co., 227 F.3d 1361, 1379, 56 USPQ2d 1065, 1079 (Fed. Cir. 2000) (“The fact of near-simultaneous invention, though not determinative of statutory obviousness, is strong evidence of what constitutes the level of ordinary skill in the art.” (quoting The Int’l Glass Co. v. United States, 408 F.2d 395, 405, 159 USPQ 434, 442 (Ct. Cl. 1969))). See also Thomas & Betts Corp. v. Litton Sys., Inc., 720 F.2d 1572, 1580-81, 220 USPQ 1, 7 (Fed. Cir. 1983) (“Thus, the [unpublished internal materials], though not technically prior art, were, in effect, properly used as indicators of the level of ordinary skill in the art to which the invention pertained.”).

StatutoryInformativeAlways
[mpep-2141-03-3e40180f8146265e20e036e2]
Near-Simultaneous Invention as Evidence of Skill Level
Note:
The fact of near-simultaneous invention, though not determining obviousness, is strong evidence of the level of ordinary skill in the art.

References which are not prior art may be relied upon to demonstrate the level of ordinary skill in the art at or around the relevant time. See In re Merck & Co., Inc., 800 F.2d 1091, 1098, 231 USPQ 375, 380 (Fed. Cir. 1986) (“Evidence of contemporaneous invention is probative of ‘the level of knowledge in the art at the time the invention was made.’” (citing In re Farrenkopf, 713 F.2d 714, 720, 219 USPQ 1, 6 (Fed. Cir. 1983))); Ecolochem, Inc. v. S. California Edison Co., 227 F.3d 1361, 1379, 56 USPQ2d 1065, 1079 (Fed. Cir. 2000) (“The fact of near-simultaneous invention, though not determinative of statutory obviousness, is strong evidence of what constitutes the level of ordinary skill in the art.” (quoting The Int’l Glass Co. v. United States, 408 F.2d 395, 405, 159 USPQ 434, 442 (Ct. Cl. 1969))). See also Thomas & Betts Corp. v. Litton Sys., Inc., 720 F.2d 1572, 1580-81, 220 USPQ 1, 7 (Fed. Cir. 1983) (“Thus, the [unpublished internal materials], though not technically prior art, were, in effect, properly used as indicators of the level of ordinary skill in the art to which the invention pertained.”).

StatutoryInformativeAlways
[mpep-2141-03-a3a0b9996350a0cead67ed3e]
References to Demonstrate Level of Ordinary Skill in the Art
Note:
Use references that are not prior art to show what knowledge was common at the time an invention was made.

References which are not prior art may be relied upon to demonstrate the level of ordinary skill in the art at or around the relevant time. See In re Merck & Co., Inc., 800 F.2d 1091, 1098, 231 USPQ 375, 380 (Fed. Cir. 1986) (“Evidence of contemporaneous invention is probative of ‘the level of knowledge in the art at the time the invention was made.’” (citing In re Farrenkopf, 713 F.2d 714, 720, 219 USPQ 1, 6 (Fed. Cir. 1983))); Ecolochem, Inc. v. S. California Edison Co., 227 F.3d 1361, 1379, 56 USPQ2d 1065, 1079 (Fed. Cir. 2000) (“The fact of near-simultaneous invention, though not determinative of statutory obviousness, is strong evidence of what constitutes the level of ordinary skill in the art.” (quoting The Int’l Glass Co. v. United States, 408 F.2d 395, 405, 159 USPQ 434, 442 (Ct. Cl. 1969))). See also Thomas & Betts Corp. v. Litton Sys., Inc., 720 F.2d 1572, 1580-81, 220 USPQ 1, 7 (Fed. Cir. 1983) (“Thus, the [unpublished internal materials], though not technically prior art, were, in effect, properly used as indicators of the level of ordinary skill in the art to which the invention pertained.”).

StatutoryInformativeAlways
[mpep-2141-03-907790d038f872dba284906c]
Maintaining Objectivity in Obviousness Inquiry
Note:
The level of ordinary skill must be resolved to ensure the obviousness determination is objective, not based on the inventor's perspective or other biases.

“The importance of resolving the level of ordinary skill in the art lies in the necessity of maintaining objectivity in the obviousness inquiry.” Ryko Mfg. Co. v. Nu-Star, Inc., 950 F.2d 714, 718, 21 USPQ2d 1053, 1057 (Fed. Cir. 1991). The examiner must ascertain what would have been obvious as of the relevant time to one of ordinary skill in the art, and not to the inventor, a judge, a layman, those skilled in remote arts, or to geniuses in the art at hand. Environmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983), cert. denied, 464 U.S. 1043 (1984).

StatutoryInformativeAlways
[mpep-2141-03-f621acca3d16954d8453ee53]
Requirement for Determining Obviousness Level
Note:
The examiner must determine what would have been obvious to one of ordinary skill in the art as of the relevant time, not to inventors or geniuses.

“The importance of resolving the level of ordinary skill in the art lies in the necessity of maintaining objectivity in the obviousness inquiry.” Ryko Mfg. Co. v. Nu-Star, Inc., 950 F.2d 714, 718, 21 USPQ2d 1053, 1057 (Fed. Cir. 1991). The examiner must ascertain what would have been obvious as of the relevant time to one of ordinary skill in the art, and not to the inventor, a judge, a layman, those skilled in remote arts, or to geniuses in the art at hand. Environmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983), cert. denied, 464 U.S. 1043 (1984).

StatutoryRequiredAlways
[mpep-2141-03-7673a4c0dee666e2301e1f4d]
Requirement for Determining Obviousness to One of Ordinary Skill in the Art
Note:
The examiner must assess what would have been obvious as of the relevant time to a skilled artisan, not the inventor or others.

“The importance of resolving the level of ordinary skill in the art lies in the necessity of maintaining objectivity in the obviousness inquiry.” Ryko Mfg. Co. v. Nu-Star, Inc., 950 F.2d 714, 718, 21 USPQ2d 1053, 1057 (Fed. Cir. 1991). The examiner must ascertain what would have been obvious as of the relevant time to one of ordinary skill in the art, and not to the inventor, a judge, a layman, those skilled in remote arts, or to geniuses in the art at hand. Environmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983), cert. denied, 464 U.S. 1043 (1984).

StatutoryInformativeAlways
[mpep-2141-03-255a648f2198cb58c9ce58d6]
Determining the Level of Ordinary Skill in Art for Obviousness Inquiry
Note:
The examiner must determine what would have been obvious to a person skilled in the art at the time of invention, not to the inventor or other non-experts.

“The importance of resolving the level of ordinary skill in the art lies in the necessity of maintaining objectivity in the obviousness inquiry.” Ryko Mfg. Co. v. Nu-Star, Inc., 950 F.2d 714, 718, 21 USPQ2d 1053, 1057 (Fed. Cir. 1991). The examiner must ascertain what would have been obvious as of the relevant time to one of ordinary skill in the art, and not to the inventor, a judge, a layman, those skilled in remote arts, or to geniuses in the art at hand. Environmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983), cert. denied, 464 U.S. 1043 (1984).

Topic

Patent Application Content

5 rules
StatutoryPermittedAlways
[mpep-2141-03-03217afa326793f63b0ae1b9]
Specification Disclosure Reflects Art Knowledge
Note:
The level of detail in the application specification indicates the knowledge and skills of a person skilled in the art.

The level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art. For example, if the specification is entirely silent on how a certain step or function is achieved, that silence may suggest that figuring out how to achieve that step or function is within the ordinary skill in the art, provided that the specification complies with 35 U.S.C. 112. Uber Techs., Inc. v. X One, Inc., 957 F.3d 1334, 1339, 2020 USPQ2d 10476 (Fed. Cir. 2020) (“The specification of the '593 patent is entirely silent on how to transmit user locations and maps from a server to a user's mobile device, suggesting that a person of ordinary skill in the art was more than capable of selecting between the known methods of accomplishing this. The '593 patent confirms that its invention, including any necessary plotting, ‘utilizes existing platforms and infrastructure’ and does not ‘require development of new cell phone or PDA technology, nor do[es it] require development of new cellular communication infrastructure.’")

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryPermittedAlways
[mpep-2141-03-c48953ad685205622d9a57e8]
Silent Specification Implies Ordinary Skill
Note:
If the specification does not describe how a step is achieved, it suggests that figuring out that step is within the ordinary skill in the art, provided the specification complies with 35 U.S.C. 112.

The level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art. For example, if the specification is entirely silent on how a certain step or function is achieved, that silence may suggest that figuring out how to achieve that step or function is within the ordinary skill in the art, provided that the specification complies with 35 U.S.C. 112. Uber Techs., Inc. v. X One, Inc., 957 F.3d 1334, 1339, 2020 USPQ2d 10476 (Fed. Cir. 2020) (“The specification of the '593 patent is entirely silent on how to transmit user locations and maps from a server to a user's mobile device, suggesting that a person of ordinary skill in the art was more than capable of selecting between the known methods of accomplishing this. The '593 patent confirms that its invention, including any necessary plotting, ‘utilizes existing platforms and infrastructure’ and does not ‘require development of new cell phone or PDA technology, nor do[es it] require development of new cellular communication infrastructure.’")

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-2141-03-03ad0c5b7b267efb45c68752]
Specification Must Describe Invention Fully
Note:
The specification must fully describe the invention, including any necessary steps or functions that are not explicitly detailed but would be within the ordinary skill in the art.

The level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art. For example, if the specification is entirely silent on how a certain step or function is achieved, that silence may suggest that figuring out how to achieve that step or function is within the ordinary skill in the art, provided that the specification complies with 35 U.S.C. 112. Uber Techs., Inc. v. X One, Inc., 957 F.3d 1334, 1339, 2020 USPQ2d 10476 (Fed. Cir. 2020) (“The specification of the '593 patent is entirely silent on how to transmit user locations and maps from a server to a user's mobile device, suggesting that a person of ordinary skill in the art was more than capable of selecting between the known methods of accomplishing this. The '593 patent confirms that its invention, including any necessary plotting, ‘utilizes existing platforms and infrastructure’ and does not ‘require development of new cell phone or PDA technology, nor do[es it] require development of new cellular communication infrastructure.’")

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-2141-03-c37c52fa3bb4925ac5d20cbe]
Specification Must Describe Invention Completely
Note:
The specification must describe the invention in enough detail that a person of ordinary skill can understand and practice it, even if it does not explicitly cover every method for performing certain steps.

The level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art. For example, if the specification is entirely silent on how a certain step or function is achieved, that silence may suggest that figuring out how to achieve that step or function is within the ordinary skill in the art, provided that the specification complies with 35 U.S.C. 112. Uber Techs., Inc. v. X One, Inc., 957 F.3d 1334, 1339, 2020 USPQ2d 10476 (Fed. Cir. 2020) (“The specification of the '593 patent is entirely silent on how to transmit user locations and maps from a server to a user's mobile device, suggesting that a person of ordinary skill in the art was more than capable of selecting between the known methods of accomplishing this. The '593 patent confirms that its invention, including any necessary plotting, ‘utilizes existing platforms and infrastructure’ and does not ‘require development of new cell phone or PDA technology, nor do[es it] require development of new cellular communication infrastructure.’")

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
StatutoryInformativeAlways
[mpep-2141-03-2cb3ba9c16f4b94cde2880d6]
Invention Utilizes Existing Infrastructure
Note:
The invention must use existing platforms and infrastructure without requiring new cell phone, PDA technology, or cellular communication infrastructure development.

The level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art. For example, if the specification is entirely silent on how a certain step or function is achieved, that silence may suggest that figuring out how to achieve that step or function is within the ordinary skill in the art, provided that the specification complies with 35 U.S.C. 112. Uber Techs., Inc. v. X One, Inc., 957 F.3d 1334, 1339, 2020 USPQ2d 10476 (Fed. Cir. 2020) (“The specification of the '593 patent is entirely silent on how to transmit user locations and maps from a server to a user's mobile device, suggesting that a person of ordinary skill in the art was more than capable of selecting between the known methods of accomplishing this. The '593 patent confirms that its invention, including any necessary plotting, ‘utilizes existing platforms and infrastructure’ and does not ‘require development of new cell phone or PDA technology, nor do[es it] require development of new cellular communication infrastructure.’")

Jump to MPEP SourcePatent Application ContentDisclosure Requirements
Topic

AIA vs Pre-AIA Practice

3 rules
StatutoryInformativeAlways
[mpep-2141-03-74163b74a47bd8b3ec6d3139]
AIA vs Pre-AIA Practice for Invention Examination
Note:
This rule outlines the differences in examination practices between applications subject to AIA and pre-AIA laws, specifically regarding the relevant time frame for invention claims.

[Editor Note: This MPEP section is applicable regardless of whether an application is examined under the AIA or under pre-AIA law. For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is "before the effective filing date of the claimed invention". For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is "at the time of the invention". See MPEP § 2150 et seq. Many of the court decisions discussed in this section involved applications or patents subject to pre-AIA 35 U.S.C. 102. These court decisions may be applicable to applications and patents subject to AIA 35 U.S.C. 102 but the relevant time is before the effective filing date of the claimed invention and not at the time of the invention.]

Jump to MPEP SourceAIA vs Pre-AIA PracticeDetermining Whether Application Is AIA or Pre-AIADetermining AIA vs Pre-AIA Applicability (MPEP 2159)
StatutoryInformativeAlways
[mpep-2141-03-968225bc297df3f9a70598ee]
Relevant Time for Pre-AIA Inventions
Note:
The relevant time for determining prior art under pre-AIA law is the time of the invention.

[Editor Note: This MPEP section is applicable regardless of whether an application is examined under the AIA or under pre-AIA law. For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is "before the effective filing date of the claimed invention". For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is "at the time of the invention". See MPEP § 2150 et seq. Many of the court decisions discussed in this section involved applications or patents subject to pre-AIA 35 U.S.C. 102. These court decisions may be applicable to applications and patents subject to AIA 35 U.S.C. 102 but the relevant time is before the effective filing date of the claimed invention and not at the time of the invention.]

Jump to MPEP SourceAIA vs Pre-AIA PracticeDetermining Whether Application Is AIA or Pre-AIADetermining AIA vs Pre-AIA Applicability (MPEP 2159)
StatutoryInformativeAlways
[mpep-2141-03-f6a3cb8debc606f18fa0175a]
Court Decisions on Pre-AIA Patents
Note:
This section discusses court decisions involving patents subject to pre-AIA 35 U.S.C. 102, which may be applicable to AIA cases but with different timeframes.

[Editor Note: This MPEP section is applicable regardless of whether an application is examined under the AIA or under pre-AIA law. For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is "before the effective filing date of the claimed invention". For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is "at the time of the invention". See MPEP § 2150 et seq. Many of the court decisions discussed in this section involved applications or patents subject to pre-AIA 35 U.S.C. 102. These court decisions may be applicable to applications and patents subject to AIA 35 U.S.C. 102 but the relevant time is before the effective filing date of the claimed invention and not at the time of the invention.]

Jump to MPEP SourceAIA vs Pre-AIA PracticeDetermining Whether Application Is AIA or Pre-AIADetermining AIA vs Pre-AIA Applicability (MPEP 2159)
Topic

Determining Whether Application Is AIA or Pre-AIA

2 rules
StatutoryInformativeAlways
[mpep-2141-03-687a5448d91bf6a13980c3ac]
Requirement for Effective Filing Date Before Invention
Note:
The rule requires that applications subject to the first inventor to file provisions of the AIA must be filed before the effective filing date of the claimed invention.

[Editor Note: This MPEP section is applicable regardless of whether an application is examined under the AIA or under pre-AIA law. For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is "before the effective filing date of the claimed invention". For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is "at the time of the invention". See MPEP § 2150 et seq. Many of the court decisions discussed in this section involved applications or patents subject to pre-AIA 35 U.S.C. 102. These court decisions may be applicable to applications and patents subject to AIA 35 U.S.C. 102 but the relevant time is before the effective filing date of the claimed invention and not at the time of the invention.]

Jump to MPEP SourceDetermining Whether Application Is AIA or Pre-AIADetermining AIA vs Pre-AIA Applicability (MPEP 2159)AIA vs Pre-AIA Practice
StatutoryPermittedAlways
[mpep-2141-03-8c228f4c61dd6b96606ca702]
Time Frame for AIA and Pre-AIA Applications
Note:
Determines the relevant time period for court decisions applicable to applications subject to AIA or pre-AIA 35 U.S.C. 102, focusing on the effective filing date rather than the invention's creation.

[Editor Note: This MPEP section is applicable regardless of whether an application is examined under the AIA or under pre-AIA law. For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is "before the effective filing date of the claimed invention". For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is "at the time of the invention". See MPEP § 2150 et seq. Many of the court decisions discussed in this section involved applications or patents subject to pre-AIA 35 U.S.C. 102. These court decisions may be applicable to applications and patents subject to AIA 35 U.S.C. 102 but the relevant time is before the effective filing date of the claimed invention and not at the time of the invention.]

Jump to MPEP SourceDetermining Whether Application Is AIA or Pre-AIADetermining AIA vs Pre-AIA Applicability (MPEP 2159)AIA vs Pre-AIA Practice
Topic

Implicit or Inherent Motivation

2 rules
StatutoryPermittedAlways
[mpep-2141-03-e78ff458cdb8c60dda91d43f]
Drawing Can Establish Implicit Motivation
Note:
A drawing made by an engineer, even if not prior art, can demonstrate a motivation to combine which is implicit in the knowledge of one of ordinary skill in the art.

Moreover, references not available as prior art may be relevant to establishing “a motivation to combine which is implicit in the knowledge of one of ordinary skill in the art.” Nat'l Steel Car, Ltd. v. Can. Pac. Ry., Ltd., 357 F.3d 1319, 1337-38, 69 USPQ2d 1641, 1656 (Fed. Cir. 2004) (holding that a drawing made by an engineer that was not prior art can, nonetheless, “… be used to demonstrate a motivation to combine implicit in the knowledge of one of ordinary skill in the art.”).

Jump to MPEP SourceImplicit or Inherent MotivationTeaching, Suggestion, Motivation (TSM)Obviousness
StatutoryPermittedAlways
[mpep-2141-03-8672a3a70dd7f5631284b833]
Non-Prior Art Drawing Can Show Motivation to Combine
Note:
A drawing not considered prior art can still be used to demonstrate a motivation to combine in the knowledge of one of ordinary skill in the art.

Moreover, references not available as prior art may be relevant to establishing “a motivation to combine which is implicit in the knowledge of one of ordinary skill in the art.” Nat'l Steel Car, Ltd. v. Can. Pac. Ry., Ltd., 357 F.3d 1319, 1337-38, 69 USPQ2d 1641, 1656 (Fed. Cir. 2004) (holding that a drawing made by an engineer that was not prior art can, nonetheless, “… be used to demonstrate a motivation to combine implicit in the knowledge of one of ordinary skill in the art.”).

Jump to MPEP SourceImplicit or Inherent MotivationTeaching, Suggestion, Motivation (TSM)Obviousness
Topic

Level of Ordinary Skill in the Art

2 rules
StatutoryPermittedAlways
[mpep-2141-03-18deaef7b70efe7abd7954ba]
Invention Obvious Without Specific Skill Finding If Reflects Appropriate Level in Prior Art
Note:
If the prior art itself reflects an appropriate level of skill, an invention may be held obvious without a specific finding of that skill.

If the only facts of record pertaining to the level of skill in the art are found within the prior art of record, the court has held that an invention may be held to have been obvious without a specific finding of a particular level of skill where the prior art itself reflects an appropriate level. Chore-Time Equipment, Inc. v. Cumberland Corp., 713 F.2d 774, 218 USPQ 673 (Fed. Cir. 1983). See also Okajima v. Bourdeau, 261 F.3d 1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001).

Jump to MPEP SourceLevel of Ordinary Skill in the ArtScope and Content of Prior ArtGraham v. Deere Factors
StatutoryInformativeAlways
[mpep-2141-03-f0a920e308175803ddbdac2f]
Invention Held Obvious Without Specific Skill Finding
Note:
If the level of skill in the art is reflected in the prior art, an invention can be deemed obvious without a specific skill finding.

If the only facts of record pertaining to the level of skill in the art are found within the prior art of record, the court has held that an invention may be held to have been obvious without a specific finding of a particular level of skill where the prior art itself reflects an appropriate level. Chore-Time Equipment, Inc. v. Cumberland Corp., 713 F.2d 774, 218 USPQ 673 (Fed. Cir. 1983). See also Okajima v. Bourdeau, 261 F.3d 1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001).

Jump to MPEP SourceLevel of Ordinary Skill in the ArtScope and Content of Prior ArtGraham v. Deere Factors

Citations

Primary topicCitation
AIA vs Pre-AIA Practice
Determining Whether Application Is AIA or Pre-AIA
35 U.S.C. § 102
Patent Application Content35 U.S.C. § 112
AIA vs Pre-AIA Practice
Determining Whether Application Is AIA or Pre-AIA
MPEP § 2150
Level of Ordinary Skill in the ArtChore-Time Equipment, Inc. v. Cumberland Corp., 713 F.2d 774, 218 USPQ 673 (Fed. Cir. 1983)
Environmental Designs, Ltd. V. Union Oil Co., 713 F.2d 693, 696, 218 USPQ 865, 868 (Fed. Cir. 1983)
ObviousnessEnvironmental Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983)
ObviousnessIn re Farrenkopf, 713 F.2d 714, 720, 219 USPQ 1, 6 (Fed. Cir. 1983)
In re GPAC, 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995)
KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007)
Level of Ordinary Skill in the ArtSee also Okajima v. Bourdeau, 261 F.3d 1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001)

Source Text from USPTO’s MPEP

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BlueIron Last Updated: 2026-01-10