IBM KSR'd in Ex parte Willis

From Ex parte Willis


We agree with the Examiner that modifying Istfan to terminate an
order attempt if the individual group member submits a predetermined
number of consecutive invalid orders, as taught by Kou, is nothing more
than a combination of prior art elements according to their established
functions, and yields a predictable result. Therefore, it would have been
obvious at the time of Appellant’s invention. See KSR Int’l Co. v. Teleflex
Inc., 550 U. S. 398, 416(2007) (“The combination of familiar elements
according to known methods is likely to be obvious when it does no more
than yield predictable results”).