Wednesday, October 18, 2017

IN RE VAIDYANATHAN - 381 Fed.Appx. 985 (Fed. Cir. 2010) (about KSR) (103 obviousness)

In re Vaidyanathan

•  KSR “did not remove the need to anchor the analysis in explanation of how a person of ordinary skill would select and apply teachings of the references.”

• KSR did not “free the PTO’s examination process from explaining its reasoning.”

•  Examiner “should not rely on conclusory statements that a particular feature would have been obvious or well known.”

• “Examiner should at east explain the logic or common sense that leads the examiner to believe the
claim would have been obvious.”
- “Anything less than this results in a record that is insulated from meaningful appellate review.”

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