What does “prima facie obviousness” mean in the context of Art Recognized Suitability?
In the context of Art Recognized Suitability, “prima facie obviousness” refers to a legal standard where, at first glance, an invention appears to be obvious based on the selection of known materials for their recognized purpose.
The MPEP 2144.07 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 selects a material that is already known in the art to be suitable for the intended purpose, the Patent Office may initially consider the invention obvious. However, it’s important to note that prima facie obviousness can be rebutted by the applicant with evidence of unexpected results, superior properties, or other factors that would not have been predictable to a person of ordinary skill in the art.
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