How do you respond to a 103 rejection?
How to respond to a 35 USC 103 rejection?
- Arguing that the cited reference does not teach what the examiner says it teaches. (see below)
- Amending the claims to include new limitations that the prior art does not teach or disclose.
- The references cannot be combined.
- The prior art reference is not valid prior art.
What does nonobvious mean?
Loosely, something that is not readily apparent. Nonobviousness is one of the requirements for obtaining a patent. A supposed invention is usually obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior art.
What is an obvious invention?
If the invention a product of combining prior art elements according to known methods to yield predictable results the invention is obvious. If the invention is created through a substitution of one known element for another to obtain predictable results the invention is obvious.
How do you prove you are not obvious?
One way to show non-obviousness is to perform a patentability search prior to filing a patent application. Such a search should elicit the closest prior art, which will permit us to tell the story of the inventiveness and to prepare the claims of the application in such a way so as to avoid the prior art.
What is a 103 patent rejection?
Under § 103, a patentable invention must be a non-obvious improvement over prior art; thus, a rejection under this section means the examiner considers the invention at issue to be obvious.
What is a reasonable expectation of success in obviousness?
The courts have also made reference to “predictable results” and “reasonable expectation of success.” This means that in any assessment of obviousness, the outcome of the invention being assessed should have been something that one of ordinary skill would have expected at that time.
How do I look up Ptab decisions?
USPTO Website – PTAB decisions and dockets
- Search the PTAB docket and see full text of the filings, starting with cases 9/16/2012 to present.
- To avoid typing in the CAPTCHA, register for PTAB E2E system (it’s free).
- PTAB E2E can also be used to file documents in PTAB cases.
What is the characteristic of obvious?
easily seen, recognized, or understood; open to view or knowledge; evident: an obvious advantage. lacking in subtlety. Obsolete. being or standing in the way.
What is the example of obvious?
The definition of obvious is something that is readily apparent or easy to see. An example of obvious is an elephant standing right in front of you.
When to use the word’obvious’in a sentence?
If a relative or close friend has requested something particular, or you think of an obvious new home, try to mail it that same day. He discreetly declined to tell me which option he preferred, though the answer was obvious . I mean, you know, all these things become obvious . The answer may not be quite so obvious .
How is obviousness determined in a court of law?
Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (C) Resolving the level of ordinary skill in the pertinent art. Objective evidence relevant to the issue of obviousness must be evaluated by Office personnel. Id. at 17-18, 148 USPQ at 467.
Is the word patent the same as the word obvious?
While the synonyms patent and obvious are close in meaning, patent applies to a cause, effect, or significant feature that is clear and unmistakable once attention has been directed to it. When could plain be used to replace obvious? In some situations, the words plain and obvious are roughly equivalent.
Which is the best definition of the word evident?
evident, manifest, patent, distinct, obvious, apparent, plain, clear mean readily perceived or apprehended. evident implies presence of visible signs that lead one to a definite conclusion. an evident fondness for sweets manifest implies an external display so evident that little or no inference is required.