Determining Obviousness — Graham Plus KSR?

Law360, New York (January 19, 2010, 2:44 PM EST) -- Ever since the Supreme Court issued its landmark opinion in Graham v. John Deere, 383 U.S. 1 (1966), the methodology for determining obviousness has been enduring and unyielding to modification.

In Graham, the court stated:

"While the ultimate question of patent validity is one of law, the § 103 condition, which is but one of three conditions, each of which must be satisfied, lends itself to several basic factual inquiries.

"Under § 103, the scope and content of the prior art are to be determined; differences...
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