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How does the scope of commercial success relate to patent claims?

By russ.krajec@blueironip.com | September 10, 2024

The scope of commercial success must be commensurate with the scope of the patent claims to be considered as evidence of non-obviousness. MPEP 716.03(a) states: The commercial success must be due to claimed features, and not due to unclaimed features. Joy Technologies Inc. v. Manbeck, 751 F. Supp. 225, 229, 17 USPQ2d 1257, 1260 (D.D.C.…

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