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KSR v. Teleflex

You Gotta `Splain That

Frequently, the biggest obstacle to patentability is the requirement of “nonobviousness.” All too often, a patent examiner will invoke the talismanic “KSR,” while rejecting claims as obvious in light of prior art references combined on the basis of “common sense.” Well, this abhorrent practice may be coming to an end. (In re Ravi Vaidyanathan)

Raising the Bar On Non-Obviousness

Much has been written about the decision of the Supreme Court in KSR Int’l. Co. v. Teleflex, Inc. Unfortunately, much of this writing is philosophical blather which only serves to obfuscate the case holding. A recent decision of the C.A.F.C., Perfect Web Technologies, Inc. v. InfoUSA, Inc., however, may provide some much needed clarification.

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