35 USC 103

Question 1

What is required to establish obviousness?

Answer 1

The invention is found to be the product of merely combining two well known inventions (unless an unexpected result occurs)

Question 2

Who represent POSA?

Answer 2

1. Education level of inventor
2. Education level of the active workers in the field
3. Type of problems known to exist in this art area

Question 3

What is the Basic criteria used by the Examiner?

Answer 3

1. Suggestion or motivation to combine
2. Must be a reasonable expectation of success
3. Must teach or suggest each and every claim in the present invention

Question 4

What Factors should the Applicant consider before arguing this rejection?

Answer 4

1. Only considered during the time of the prior inventions
2. Non obvious If advances in technology make combining possible
3. Purpose of the combination is irrelevant
4. Must be more than aesthetic design change, elimination of a step/element or automating a manual activity
5. Must be more than just a change in size, shape, or sequence of ingredients in a process
6. Must be more than overlap or lying inside ranges of prior art

Question 5

Prime Facie Obviousness Requires:

Answer 5

1. Suggestion or motivation to combine
2. Reasonable expectation of success
3. Must teach or suggest all of the claimed invention