What is the minimum number of prior arts which the examiner can cite under USC 103 rejection?

A Section 103 rejection can cite a single prior art reference in conjunction with the examiner’s assertion that certain claimed features not shown in the reference would be obvious design modifications. Therefore, it is possible for a claimed invention to be novel, but obvious at the same time.

What is a 102 patent rejection?

A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art. To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation.

What is an obviousness rejection?

When a patent examiner finds that a patent should be rejected on obviousness grounds, he or she is essentially saying that an individual who is skilled in the art would have found it obvious to modify the prior art reference teachings in order to arrive at the invention being claimed.

What is a 112 patent rejection?

A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. Section 112 rejections are often regarded as “non-substantive” by patent practitioners because they typically relate to the form, and not the substance, of the claims.

Is obviousness a word?

adj. 1. Easily perceived or understood; apparent.

When is a reference proper for use in an obviousness rejection?

In order for a reference to be proper for use in an obviousness rejection under 35 U.S.C. 103 , the reference must be analogous art to the claimed invention. In re Bigio, 381 F.3d 1320, 1325, 72 USPQ2d 1209, 1212 (Fed. Cir. 2004).

When is an obviousness rejection a statutory bar?

For instance, an obviousness rejection over a U.S. patent which was issued more than 1 year before the filing date of the application subject to pre-AIA 35 U.S.C. 102 is said to be a statutory bar just as if it anticipated the claims under pre-AIA 35 U.S.C. 102 (b).

How do you reject obviousness in art?

Any obviousness rejection should include, either explicitly or implicitly in view of the prior art applied, an indication of the level of ordinary skill. A finding as to the level of ordinary skill may be used as a partial basis for a resolution of the issue of obviousness.

What is not substantively adequate to rebut a rejection?

A mere statement or argument that the Office has not established a prima facie case of obviousness or that the Office’s reliance on common knowledge is unsupported by documentary evidence will not be considered substantively adequate to rebut the rejection or an effective traverse of the rejection under 37 CFR 1.111 (b).