ksr_2800_slideset - Determining Obviousness Determining...

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1 Determining Obviousness Determining Obviousness Under 35 U.S.C. § 103 Under 35 U.S.C. § 103 After After KSR v. Teleflex KSR v. Teleflex TC2800 Examples
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2 Objectives Overview of KSR Decision Review the Graham v. John Deere Inquiries For Obviousness. Review Examples of Rationales Suggested By KSR v. Teleflex .
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3 KSR International Co. v. Teleflex Inc. The Supreme Court reaffirmed Graham v. John Deere Co. as the controlling case on the topic of obviousness. The Supreme Court stated that the Federal Circuit erred when it applied the well-known Teaching-Suggestion-Motivation (TSM) test in an overly rigid and formalistic way. Supreme Court indicated that the TSM test is only one of a number of valid rationales that can be used to determine obviousness. It is not the only rationale that may be relied on to support obviousness.
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Factual Inquiries Of Graham v. John Deere What is the scope and content of the prior art? What are the differences between the prior art and the claims at issue? What is the level of ordinary skill in the pertinent art at the time the invention was made? Is there any objective evidence of non- obviousness in the record or that examiner is independently aware of ?
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5 The Examiner As Fact Finder Examiners act as fact finder when resolving the Graham inquiries. Examiner must articulate findings as to the scope and content of the prior art as necessary to support the obviousness rejection being made. Examiner must articulate a reason or rationale to support the obviousness rejection. The rationale should be based on the state of the art and not impermissible hindsight, e.g. Applicant’s disclosure.
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6 Rationale Examples The following examples will demonstrate the appropriate fact findings to support rationales suggested in KSR and provide an explanation of how the rationales lead to a conclusion of obviousness under 35 USC 103.
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A. Combining Prior Art Elements According To Known Methods To Yield Predictable Results We claim: A hanging sound suppression device (10) comprising: An earring (12) ; A sound suppression device (14) ; and A connector (16) coupled between said earring and said sound suppression device. Adapted from Application No. 10/755,554
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A. Combining Prior Art Elements According To Known Methods To Yield Predictable Results Reference B teaches a hearing aid assembly which may be inserted into the user's ear, and is connected to an earring. Reference A teaches an ear plug connected to a pair of glasses, rather than an earring.
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A. Combining Prior Art Elements According To Known Methods To Yield Predictable Results The prior art references teach all of the claimed elements. The difference between the prior art and the claimed invention is using an earring rather than eyeglasses for support of the sound suppression device.
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ksr_2800_slideset - Determining Obviousness Determining...

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