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11.3.6.2 Obviousness - Combining of Prior Art References

11.3.6.2 Obviousness - Combining of Prior Art References

Name: 11.3.6.2 Obviousness - Combining of Prior Art References
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

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US-JURY-7THCIR-11-3-6-2

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 11.3.6.2 Obviousness — Combining of Prior Art References is a concept of patent law which refers to the determination of whether a claimed invention is obvious based on the combination of two or more prior art references. This involves looking at the references in combination to determine if the combination of the references would render the claimed invention obvious. There are two types of 11.3.6.2 Obviousness — Combining of Prior Art References: 1. Obviousness-Type Double Patenting: This refers to the situation when two or more prior art references are combined to render the claimed invention obvious, but the same combination has already been claimed in a previous patent. 2. Obviousness-Type Combination: This refers to the situation when two or more prior art references are combined to render the claimed invention obvious, but the combination of the references is not covered by a previous patent.

11.3.6.2 Obviousness — Combining of Prior Art References is a concept of patent law which refers to the determination of whether a claimed invention is obvious based on the combination of two or more prior art references. This involves looking at the references in combination to determine if the combination of the references would render the claimed invention obvious. There are two types of 11.3.6.2 Obviousness — Combining of Prior Art References: 1. Obviousness-Type Double Patenting: This refers to the situation when two or more prior art references are combined to render the claimed invention obvious, but the same combination has already been claimed in a previous patent. 2. Obviousness-Type Combination: This refers to the situation when two or more prior art references are combined to render the claimed invention obvious, but the combination of the references is not covered by a previous patent.

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What Is Obviousness? Patent obviousness is the idea that if an invention is obvious to either experts or the general public, it cannot be patented. Obviousness is one of the defining factors on how to patent an idea and whether or not an idea or invention is patentable.

The legal concept of prima facie obviousness is a procedural tool of examination which applies broadly to all arts. It allocates who has the burden of going forward with production of evidence in each step of the examination process.

Under the Graham Test, in order to determine whether an invention is obvious in light of the prior art, the following factors are considered: 1) the scope and content of the prior art; 2) the differences between the prior art and the claims (or invention) at issue; 3) the level of ordinary skill in the pertinent art;

More technically, when an examiner argues that a patent is obvious, this means she can combine references, and allege that a person of ordinary skill would know for example that a hammer is used to hit a nail, so a reference to a hammer and a nail can be combined.

Obviousness is a legal conclusion based on underlying factual inquiries: (1) scope and content of the prior art; (2) level of ordinary skill in the prior art; (3) differences between the claimed invention and the prior art; and (4) objective evidence of nonobviousness (aka ?secondary considerations?) (e.g., failure of

You should challenge any conclusion of obviousness that does not explain how the problem was known in the field or how the prior art or other relevant evidence suggested the solution. Be aware that even if the prior art clearly recognized the problem, it may not have suggested the solution.

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In many obviousness cases, all of the elements of the invention are found within a limited set of prior art references. Plaintiff must prove that the entire claim is infringed.Determine the closest prior art. In an obviousness determination, a combination of prior art references need not always perform all steps of a broadly claimed method. Novelty, it is permissible to combine the teachings of two or more prior art references only where such combination would be obvious.

11.3.6.2 Obviousness - Combining of Prior Art References

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