Unformatted text preview: ssued patents." KSR at 1396. s 3 The Examiner as The Fact Finder Fact
s Examiners act as fact finders when resolving the Graham inquiries. Examiners must articulate findings of fact to support the obviousness rejection being made. s 4 Key Points
s Examiners must account for all claim limitations in their rejections by explaining how each limitation is disclosed or rendered obvious by the reference(s) applied 5 Key Points
s Prior art is not limited to the four corners of the documentary prior art being applied. Prior art includes both the specialized understanding of one of ordinary skill in the art, and the common understanding of the layman. It includes "background knowledge possessed by a person having ordinary skill in the art. . . . [A] court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ." KSR at 1396. 6 Making a Prima Facie Case of Making Prima Obviousness Obviousness
Examiners must: s s s Resolve the Graham inquiries Articulate appropriate factual findings Explain the reasoning that provides a nexus between the factual findings and the lega...
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- Spring '10
- Prima facie, prior art, ordinary skill, Prima Graham Facie, Making Prima Obviousness Obviousness