What is the significance of ‘about’ in patent claims involving ranges?

What is the significance of ‘about’ in patent claims involving ranges? The term ‘about’ in patent claims involving ranges is significant because it can affect the interpretation of the claimed range and its obviousness analysis. According to MPEP 2144.05: “The use of ‘about’ avoids a strict numerical boundary to the specified parameter.” This means that…

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What is the ‘reasonable expectation of success’ criterion in obviousness analysis?

What is the ‘reasonable expectation of success’ criterion in obviousness analysis? The ‘reasonable expectation of success’ is a crucial criterion in determining obviousness in patent examination. According to MPEP 2143, this concept is particularly important when considering whether a claimed invention would have been obvious to try. The MPEP states: “Obviousness can be established by…

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How does KSR v. Teleflex impact the analysis of obviousness?

The Supreme Court’s decision in KSR v. Teleflex significantly impacted the analysis of obviousness in patent examination. Key points include: Rejection of a rigid application of the teaching-suggestion-motivation (TSM) test Emphasis on a more flexible approach to obviousness Recognition that common sense and ordinary creativity of a person of ordinary skill in the art should…

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What is meant by considering the invention “as a whole”?

Considering the invention “as a whole” means evaluating the entire claimed invention, rather than focusing on individual elements or differences. The MPEP 2141.02 emphasizes this concept: “Distilling an invention down to the ‘gist’ or ‘thrust’ of an invention disregards the requirement of analyzing the subject matter ‘as a whole.’” This approach prevents oversimplification of the…

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How does the Art Recognized Suitability doctrine apply to different fields of invention?

The Art Recognized Suitability doctrine applies across various fields of invention, but its application may vary depending on the specific technological area. The principle remains the same: selecting a known material or component for its known purpose can be considered obvious. However, the complexity of the field and the level of skill of a person…

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