Teaching Away From “Teaching Away”
“Teaching away” is a topic frequently misunderstood at (almost?) all levels of patent review. It is not a surprise that non-US Applicants and Examiners make… Read More »Teaching Away From “Teaching Away”
January 2021
Principle of Operation Arguments
Last week, we briefed In re Ratti. 270 F.2d 810, 813, 123 USPQ 349, 352 (CCPA 1959); MPEP 2143.01 VI. Ratti clarifies that a secondary… Read More »Principle of Operation Arguments
On In re Ratti
We recently considered arguments directed to rendering the prior art inoperable. A related conclusion, articulated In re Ratti, clarifies that a secondary reference cannot modify… Read More »On In re Ratti
Inefficient Obviousness Arguments
Last week, we discussed the difficulty of demonstrating that an Examiner’s proposed modification would render the prior art inoperable for its intended purpose. Accordingly, Applicants… Read More »Inefficient Obviousness Arguments