--Reasonable expectation of success-- still around
The Board cites to O'Farrell's -- reasonable expectation of success. -- in
Ex parte Danenberg
The selection of SEQ ID NO:s 1 and 2 as primers would have followed from the routine
application of the prior art’s guidance. “Obviousness does not require absolute predictability of success ... all that is required is a reasonable expectation of success.” In re Droge, 695 F.3d 1334, 1338 (Fed. Cir. 2012) (quoting In re Kubin, 561 F.3d 1351, 1360 (Fed. Cir. 2009) (citing In re O'Farrell, 853 F.2d 894, 903–04 (Fed.Cir.1988)).
Kenyon & Kenyon represented the Appellant.
Ex parte Danenberg
The selection of SEQ ID NO:s 1 and 2 as primers would have followed from the routine
application of the prior art’s guidance. “Obviousness does not require absolute predictability of success ... all that is required is a reasonable expectation of success.” In re Droge, 695 F.3d 1334, 1338 (Fed. Cir. 2012) (quoting In re Kubin, 561 F.3d 1351, 1360 (Fed. Cir. 2009) (citing In re O'Farrell, 853 F.2d 894, 903–04 (Fed.Cir.1988)).
Kenyon & Kenyon represented the Appellant.
posted by Lawrence B. Ebert at 6:38 AM
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