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Obviousness
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   expert above ordinary skil
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   Author  Topic: expert above ordinary skil  (Read 1008 times)
gilteva
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Posts: 9
expert above ordinary skil
« on: Jun 3rd, 2007, 12:54pm »
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Hi,
I answered that the invention is not obvious, because big companies and their big experts did not solve the problem that I solved.  
I am saying that if they did not solve the problem, even that it looks obvious, how come the ordinary professional could solve it?
Do you think that claim is sufficient?
Thanks
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pentazole
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Posts: 197
Re: expert above ordinary skil
« Reply #1 on: Jun 20th, 2007, 2:17pm »
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The secondary considerations support the conclusion that the present invention is nonobvious.  Specifically, long-felt need, failure of others to solve the problem, unexpected results and the commercial success of the invention are indicia of non-obviousness.  Minnesota Mining & Manufacturing Co. v. Johnson & Johnson Orthopaedics, Inc. 976 F.2d 1559, 1573, 24 U.S.P.Q.2d 1321, 1333 (Fed. Cir. 1992).
« Last Edit: Jun 20th, 2007, 2:18pm by pentazole » IP Logged
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