In re Kubin
The Federal Circuit upholds the district court’s ruling that claimed subject matter is obvious because the methods used to obtain the subject matter were obvious to try and highly predictable, ensuring a likelihood of success.
Results for “Obvious to try”
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Ex parte Hillyer
In this nonprecedential opinion the Board reverses examiner’s § 103 rejection stating that the prior art references do not sustain a prima facie case of obviousness. Further the Board explains that at best the references satisfies an “obvious to try” standard, which is insufficient for conclusion of obviousness.