Tuesday, October 16, 2012

Anticipation the epitome of obviousness?

The BPAI repeats an old canard in Ex parte Russell:

**Hence, we agree with the Examiner that Nagano renders the claimed fuel rod unpatentable. See In re Fracalossi, 681 F.2d 792, 794 (CCPA 1982) (A disclosure that anticipates under 35 U.S.C. § 102 also renders the claim unpatentable under 35 U.S.C. § 103, for anticipation is the epitome of obviousness.)


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