Is the ability to combine references sufficient to establish obviousness?
The mere fact that references can be combined or modified is not sufficient to establish obviousness. As stated in MPEP 2143.01, “The mere fact that references can be combined or modified does not render the resultant combination obvious unless the results would have been predictable to one of ordinary skill in the art.” This principle is based on the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc., which emphasizes that obviousness requires more than just the ability to combine prior art elements.
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Topics:
MPEP 2100 - Patentability,
MPEP 2143.01 - Suggestion Or Motivation To Modify The References,
Patent Law,
Patent Procedure