What role does the problem solved by the invention play in determining analogous art?
The problem solved by the invention plays a crucial role in determining analogous art, particularly in applying the “reasonably pertinent” test. According to MPEP 2141.01(a):
“In determining whether a reference is reasonably pertinent, an examiner should consider the problem faced by the inventor, as reflected – either explicitly or implicitly – in the specification.”
The problem solved by the invention is important because:
- It helps define the scope of “reasonably pertinent” prior art.
- References from different fields may be considered analogous if they address the same or similar problems.
- It guides the examiner in determining what knowledge would be reasonably pertinent to a person of ordinary skill in the art.
The MPEP further states: “A reference is reasonably pertinent if, even though it may be in a different field from that of the inventor’s endeavor, it is one which, because of the matter with which it deals, logically would have commended itself to an inventor’s attention in considering his problem.”
Therefore, understanding the problem the invention seeks to solve is essential for both examiners and applicants in determining the scope of analogous art and potential obviousness rejections.
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