The Greatest Guide To How to Prevent Grant Proposals from Undermining Patent

Dann vJohnston, 425 U.S219 (1976): Invention as the Absolute Prerequisite to Patentability - Patently-O
NIMH » Patent Information - An Overview
If no patent contains all of the features, the examiner will attempt to integrate 2 or more prior patents, and effort to discover all of the features in a combination of those prior patents. If the examiner succeeds in finding such a mix, the inspector will normally turn down the innovation as an obvious mix of items understood in the prior art.
01 Rejections made by combining prior art recommendations are very typical in patent applications (see Bit, Law's discussion on patent prosecution). For a mix of recommendations to be effectively used to turn down a patent application as apparent, the patent examiner must offer some factor to integrate the referrals. In the past, patent lawyers could successfully refute a rejection by showing that the innovators of the prior art referrals would not have actually sought to combine their invention with the other creation(s).
v. Teleflex Inc. made it simpler for an inspector to effectively combine 2 references together in an obviousness rejection. In particular, the Supreme Court said if the combination of two referrals yields just predictable outcomes, it would be apparent to integrate those 2 references-- even if neither referral contained a specific referral that it might have been combined with the other recommendation.
How to Prevent Grant Proposals from Undermining Patent - The Facts

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