Anticipate This!™ | Patent and Trademark Law Blog

Examination Guidelines for Determining Obviousness in View of KSR.

Posted in Practice Commentary by Jake Ward on October 11, 2007

The USPTO published examination guidelines yesterday for determining obviousness under 35 U.S.C. 103, in view of the Supreme Court decision in KSR International Co. v. Teleflex Inc.  The guidelines are effective immediately.

Among the rationales articulated in the guidelines is the new “Obvious To Try” rationale, also known as “Choosing From a Finite Number of Identified, Predictable Solutions, With a Reasonable Expectation of Success.”  As set forth in the guidelines, a conclusion of obviousness may be supported by a showing that a person of ordinary skill had good reason to pursue the known options within his or her technical grasp.  If the options lead to the anticipated success, the invention is likely the product not of innovation but of ordinary skill and common sense.  Thus, an allegation that an invention was obvious to try might now be sufficient for an Examiner to support a rejection on obviousness under 35 U.S.C.103.

Thoughts and comments welcomed.    

They Invented What? (No. 68)

Posted in They Invented What? by Jake Ward on October 11, 2007

U.S. Pat. No. 6,347,406:  Sportsman’s wearable seat system.

 wearableseat

What is claimed is:

1. A wearable seat system, comprising:

a garment, said garment having a front and a rear disposed opposite said front, said rear having an interior surface disposed to face the wearer thereof and an exterior surface disposed opposite said interior surface;
a hinge member, said hinge member defining a first non-rigid substrate having a front edge and a back edge disposed opposite said front edge, one of said edges being connected to said rear of said garment;
a seat member connected to the other of said edges of said hinge member, said seat member including a seat casing and a cushion, said seat casing defining a hollow non-rigid body defining a cushion compartment therein, said seat casing defining a top, a bottom disposed opposite said top, and a peripheral border extending between said top and said bottom, said cushion being configured to be received within said cushion compartment of said seat casing;
a collapsible stand configured to be selectively deployed for supporting the user above the ground in a seated position, said stand including a frame and a bridge member;
said frame including a first brace and a second brace pivotally connected to said first brace, each said brace including a top beam having a pair of opposed ends, each said brace including a pair of opposed legs, each said leg depending from a different one of said opposed ends of said top beam of each said brace;
said bridge member having one end connected to one of said top beams of one of said braces and having a second end disposed opposite said first end and connected to said top beam of the other of said braces; and
at least one anchor member, said anchor member being configured to pivotally connect one of said top beams of one of said braces to one of said hinge member and said seat member.

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