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 stated in the MPEP: “Common sense has long been recognized to inform the analysis of obviousness if explained with sufficient reasoning.” MPEP 2143

To learn more:

• obviousness
• common sense
• KSR
• reasoned analysis