What is the strongest rationale for combining references in an obviousness rejection?
The MPEP provides guidance on the strongest rationale for combining references in an obviousness rejection. It states, “The strongest rationale for combining references is a recognition, expressly or impliedly in the prior art or drawn from a convincing line of reasoning based on established scientific principles or legal precedent, that some advantage or expected beneficial…
Read MoreIs the ability to combine references sufficient to establish obviousness?
The mere fact that references can be combined or modified is not sufficient to establish obviousness. As stated in MPEP 2143.01, “The mere fact that references can be combined or modified does not render the resultant combination obvious unless the results would have been predictable to one of ordinary skill in the art.” This principle…
Read MoreHow are multiple references combined in design patent obviousness rejections?
The MPEP provides guidance on combining multiple references in design patent obviousness rejections: “A rejection under 35 U.S.C. 103 would be appropriate if a designer of ordinary skill would have been motivated to modify a primary reference by deleting features thereof or by interchanging with or adding features from pertinent secondary references.” However, the MPEP…
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