PTO Issues Memo On KSR Decision To Examiners

Law360, New York (May 4, 2007, 12:00 AM EDT) -- Despite the U.S. Supreme Court’s ruling in KSR v. Teleflex, the U.S. Patent and Trademark Office has advised its examiners to not toss out the teaching-suggestion-motivation test altogether.

In a memo sent to technology center directors on Thursday, Deputy Commissioner of Patent Operations Margaret Focarino sent some preliminary guidance to patent examiners regarding KSR. The memo said the PTO is studying the Supreme Court’s order and will give further guidance to its examiners in the near future.

Focarino also used the memo to remind the staff...
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