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Expert Analysis

Obviousness Of Claims: Common Sense Alone Is Not Enough

Law360, New York (September 26, 2013, 4:49 PM EDT) -- Sometimes, common sense is simply not enough. This is particularly true when it comes to determining the obviousness of claims based only on common sense with no further support. A pair of recent decisions, one from the Federal Circuit and the other from the Patent Trial and Appeal Board, recently held that establishing obviousness in view of the prior art requires more then an unsubstantiated claim of common sense and common subject matter. These decisions should serve as valuable reminders to practitioners, whether it be during litigation, re-examination or patent prosecution, of what is required but often overlooked....

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