More Ammunition Against Obviousness Rejections

Law360, New York (June 15, 2012, 12:46 PM EDT) -- We are often confronted with an obviousness rejection from a patent examiner that is based on only a legal principle that the examiner has been taught, but does not completely understand. The examiner merely repeats that legal principle as the basis of the rejection and without applying it to the facts of the rejection, and we are left to argue against that position (often unsuccessfully). In such a scenario, I will often counter with an explanation of the legal principle from the Manual of Patent Examining...
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