by Steve Driskill | Aug 9, 2012 | [sub] operability, Obviousness
When arguing that a reference teaches away from the proposed combination or would render the prior art reference being modified inoperable for its intended purpose, try to cover all of your bases. While it is natural to define the purpose of a prior art invention...
by Steve Driskill | Aug 8, 2012 | [sub] motivation, Obviousness
In a post-KSR world, one of ordinary skill in the art is more clever than he used to be. This case is a reminder that motivation to combine or modify a reference, while required to show obviousness, need not be found expressly in the cited art. Any rational motivation...