KSR Obviousness Inquiry

From the KSR Guidelines, every obviousness rejection requires three main actions: an appropriate finding of facts, a reasoned explanation and a legal conclusion of obviousness.

This is so regardless of the rationale or line of reasoning used to formulate the rejection. No examiner may choose to disregard the Supreme Court’s decision in KSR or the associated examiner guidance materials when determining whether or not an obviousness rejection should be made. Any determination of whether or not a claimed invention is obvious requires the examiner to consider and weigh all evidence that has properly been made of record.

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