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   Author  Topic: motivation to combine  (Read 2060 times)


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Re: motivation to combine
« Reply #5 on: Feb 15th, 2007, 8:37pm »
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Unless, motivation is clearly established as at the date of the invention, the examiner's position could be looked at as using  
"hindsight" which would be impermissible
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Bill Richards
Full Member

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Posts: 758
Re: motivation to combine
« Reply #6 on: Mar 17th, 2007, 5:50am »
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The "teaching, suggestion, motivation" test used by the CAFC is currently being considered by the SCt.  A decision is expected soon.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
Junior Member


Posts: 72
Re: motivation to combine
« Reply #7 on: May 22nd, 2007, 7:49am »
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Hi I have a 103 rejection.
My invention is regarding duplicate checking of MAC address.
Cited reference A talks about duplicate checking of IPV6 address (network address)
Cited reference B talks about, in general...generation of MAC address..
Is it possible to argue that we cannot combine A and B because A talks about MAC address which is different from IP address taught by B?
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Senior Member


Posts: 2584
Re: motivation to combine
« Reply #8 on: May 22nd, 2007, 8:14am »
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Sure, it's possible to argue anything.  However, it's unlikely that merely pointing out that IP addresses aren't MAC addresses is probably not enough.  You would do better to show why something applicable to an IP address is not applicable to a MAC address -- or at least why one of ordinary skill would believe that before seeing your application.
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James D. Ivey
Law Offices of James D. Ivey
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