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Board of Patent Appeals and Interferences releases three precedential obviousness decisions

July 18, 2007
Post by Blog Staff

Today the USPTO Board of Patent Appeals and Interferences designated as precedential three opinions in ex parte appeals from examiner rejections applying the post-KSR obviousness standard. The three cases are each from a different technology center. The cases are:

Ex parte Kubin (Tech center 1600—Biotechnology and Organic Chemistry)

Ex parte Smith (Tech center 3700—Mechanical Engineering, Manufacturing, and Products & Designs)

Ex parte Catan (Tech center 1700—Chemical & Materials Engineering)

More detail to follow, but the Board affirmed the finding of obviousness in each case, so it looks as though, as expected, the obviousness standard is tightening at the USPTO after KSR.


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