How does MPEP 2144.07 relate to the selection of materials in patent claims?
How does MPEP 2144.07 relate to the selection of materials in patent claims?
MPEP 2144.07 is particularly relevant when considering the selection of materials in patent claims. The section states:
“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).”
This means that if an inventor chooses a material that is already known to be suitable for a particular purpose, this selection alone may not be enough to make the invention non-obvious. Examiners may use this guideline to argue that selecting a known material for its known purpose is obvious, unless there are unexpected results or other factors that demonstrate non-obviousness.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2144.07 - Art Recognized Suitability For An Intended Purpose,
Patent Law,
Patent Procedure