Google Just Learned the Power of "Secondary Considerations of Non-Obviousness" Evidence the Hard Way
Many, if not most, obviousness fights are won or lost on the content of the prior art itself. The challenger finds two or three references that, taken together, show every element of a claim, explains why a person of ordinary skill in the art would have combined them, and the claim falls. A decision the Federal Circuit issued on November 5 is a useful reminder that this is not the end of the analysis – and that evidence a patent owner may not even realize it has can carry the day.
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