Saturday, November 17, 2012

Chromatographic method found obvious in Ex parte Arpaia

In Ex parte Arpaia, the claim in question is to a method of chromatographic analysis. The claim was found obvious by the examiner, and this finding was upheld by the Board.

The Board cited In re Applied Materials, 692 F.3d 1289, 1297 (CAFC 2012):

>"A recognition in the prior art that a property is affected by the variable is sufficient to find the variable result-effective."

The decision contains the text "obvious for a routineer."


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