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Expert Analysis

Fed. Circ. Ruling Provides Guidance On 'Reason To Combine'

Law360, New York (November 1, 2013, 1:01 PM EDT) -- In KSR Int'l Co. v. Teleflex Inc., the U.S. Supreme Court established a new standard for obviousness law in the United States. In an attempt to provide clarity, the court established several guidelines. While rejecting the Federal Circuit's rigid application of the teaching, suggestion or motivation test (TSM test), the court advocated a flexible application of this test. Accordingly, there must be a "sufficient reason" for a skilled artisan to modify prior art references to arrive at the claimed invention at issue. The court also noted that "conclusory reasoning" is not sufficient; rather "sufficient reasoning with rational underpinning" is necessary....

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