What is a result-effective variable in patent law?

A result-effective variable is a parameter that is recognized in the prior art as affecting a particular result or outcome. The concept is important in patent law, particularly in obviousness determinations. According to MPEP 2144.05: “A recognition in the prior art that a property is affected by the variable is sufficient to find the variable…

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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…

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What is the test for obviousness in patent law?

The test for obviousness is based on what the combined teachings of prior art references would have suggested to a person of ordinary skill in the art. According to MPEP 2143.01, “Obviousness can be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching,…

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What is the “obvious to try” rationale in patent law?

The “obvious to try” rationale is a valid basis for an obviousness rejection in patent law, as clarified by the Supreme Court in KSR International Co. v. Teleflex Inc. According to MPEP 2144.05: “The Supreme Court has clarified that an ‘obvious to try’ line of reasoning may properly support an obviousness rejection. … [W]hen there…

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How does common sense factor into obviousness determinations?

Common sense can be applied in obviousness determinations, but it must be supported by reasoned analysis and evidentiary support. Key points about using common sense include: It can inform the obviousness analysis if explained with sufficient reasoning A specific teaching or suggestion in a particular reference is not required Conclusory generalizations should be avoided As…

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