Tuesday, December 11, 2012

--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.


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