Patent Appeals Board Ditches TSM For Stricter Tests

Law360, New York (July 18, 2007, 12:00 AM EDT) -- With the issuance of its first three precedential opinions since the U.S. Supreme Court's landmark ruling in KSR Intl. Co. v. Teleflex Inc., the Board of Patent Appeals revealed that its test for obviousness has become tighter, if possibly more subjective.

The recent ex parte Smith, Kubin and Catan opinions, published Tuesday and Wednesday, the Board largely abandoned the so-called TSM test which prior to the April KSR ruling had been the gold standard in testing inventions for obviousness.

The TSM test, whose initials stand for...
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