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The BPAI Returns To Graham V. John Deere

Law360 (July 25, 2007, 12:00 AM EDT) -- While the pundits continue to debate the impact of the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727 (2007), the Board of Patent Appeals and Interferences (BPAI or Board) recently signaled a dramatic shift in how the PTO will deal with the obviousness question and may have raised the obviousness bar at the PTO in practice for certain predictable technologies.

Last week, the Board issued a set of precedential decisions that apply KSR across three major technology areas (mechanical, electrical, and...
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