What is the legal precedent for making elements integral in patent law?
What is the legal precedent for making elements integral in patent law?
The legal precedent for making elements integral in patent law is established in MPEP 2144.04(V)(B). This section states:
“The use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.” – In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)
This precedent suggests that making separate pieces integral is generally not considered inventive unless it produces a new and unexpected result. Examiners may use this rationale to reject claims that merely integrate known elements without demonstrating a significant improvement or unexpected outcome.
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Topics:
MPEP 2100 - Patentability,
MPEP 2144.04 - Legal Precedent As Source Of Supporting Rationale,
Patent Law,
Patent Procedure