Obviousness Overcoming Obviousness Rejections by Attacking.
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Prima facie obviousness shifts the onus to the patentee, who may reject or rebut it. Similarity between the claimed and prior art structure leads to prima facie obviousness. Post In re Papesch this showing needs to consider the structure and the properties of the claimed compound.
Obviousness (General) USPTO policy is to follow Graham v. John Deere Co. in the consideration and determination of obviousness under 35 U.S.C. 103. The four factual inquires enunciated therein as a background for determining obviousness are as follows: (A) Determining.
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Further, if one takes the example rationales of MPEP 2143 and considers them broadly it is possible that one could conclude that many patentable inventions are actually unpatentably obvious. However, you can’t take the rationales at face value because there are a host of rebuttal circumstances or circumstances where some of rationales don’t apply or would be applied only narrowly.
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