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Obviousness
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   OVERCOMING A IN VIEW OF B
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   Author  Topic: OVERCOMING A IN VIEW OF B  (Read 574 times)
patag2001
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OVERCOMING A IN VIEW OF B
« on: May 14th, 2007, 1:26pm »
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I amend the claims to overcome a 102 rejection based on reference A.  Does this automatically overcome a 103 obviousness rejection of A in view of B?
 
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JimIvey
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  jamesdivey  
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Re: OVERCOMING A IN VIEW OF B
« Reply #1 on: May 14th, 2007, 1:59pm »
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If B also doesn't teach or suggest the limitation not taught or suggested by A, then the combination of A and B neither teach nor suggest that limitation, assuming arguendo that such bombination is properly motivated in the prior art.
 
If A doesn't have X and B doesn't have X, then A+B doesn't have X.
 
Is it automatic?  Almost.  I'd at least explicitly assert that B doesn't teach or suggest the same limitation in roughly the manner outlined above.
 
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