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Obviousness
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   New Usage
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   Author  Topic: New Usage  (Read 569 times)
JodiB
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New Usage
« on: Sep 27th, 2006, 6:33pm »
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If a problem has been around for say 5 years and is costing lots of money to lots of people.  If I have a solution and have read maybe 50 related patents and a dozen graduate papers & whitepapers that all try to solve the problem but I still feel I have a better solution than all these that solves the problem in a completely different way, but that uses technology that's been around for longer then the exact problem.
 
If I apply for a patent and the examiner someday comes back with obviousness, can I point out the other solutions didn't think of it and were mucking around somewhere completely different to solve the problem?
 
thanks
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JimIvey
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Re: New Usage
« Reply #1 on: Sep 28th, 2006, 9:03am »
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Yes.  Will it be persuasive?  Who knows?  That type of argument is referred to as "long-felt need" and, if made adn supported properly, should prevail.
 
Regards.
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James D. Ivey
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