by Steve Driskill | May 27, 2014 | [sub] examination, PTO Procedure
The PTO is required to produce factual evidence to show that a given limitation is known in the art. Although “an assessment of basic knowledge and common sense” may factor into the obviousness rationale for making a proposed combination of known elements, such...
by Steve Driskill | Apr 23, 2014 | [sub] examination, PTO Procedure
When the PTO makes “core factual findings in a determination of patentability,” it “cannot simply reach conclusions based on its own understanding or experience—or on its assessment of what would be basic knowledge or common sense.” Instead, the PTO “must point to...