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Message: CAFC Clarifies post KSR

CAFC Clarifies post KSR

posted on Jul 09, 2008 01:05PM

CAFC perhaps not leaning as far as SC. Opty

<In particular, the Court clarified KSR’s pronouncement that “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options with his or her technical rasp.” Ortho-McNeil , Slip Op. at 9 (citing KSR v. Telefex , 127 S. Ct. 1727, 742 (2007)). The Court noted that this statement “posits a situation with a finite, and in the context of the art, small or easily traversed, number of options that would convince an ordinary skilled artisan of obviousness.”>

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