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How does the size of a prior art genus affect obviousness analysis?

By russ.krajec@blueironip.com | September 30, 2024

The size of a prior art genus is a factor to consider in obviousness analysis, but it’s not determinative on its own. As stated in MPEP 2144.08: “Consider the size of the prior art genus, bearing in mind that size alone cannot support an obviousness rejection. There is no absolute correlation between the size of…

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