How should the differences between prior art and claimed invention be assessed?
The differences between the prior art and the claims must be assessed by considering the claimed invention as a whole, not just individual differences. As stated in MPEP 2141.02:
“In determining the differences between the prior art and the claims, the question under 35 U.S.C. 103 is not whether the differences themselves would have been obvious, but whether the claimed invention as a whole would have been obvious.”
This means examiners and inventors should consider how all elements of the claim interact and contribute to the overall invention, rather than focusing solely on individual differences from prior art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2141.02 - Differences Between Prior Art And Claimed Invention,
Patent Law,
Patent Procedure