Thursday, December 27, 2012

Board affirms obviousness rejection in Ex parte Lim

The Board cited KSR in Ex parte Lim

We also agree with the Examiner’s explicit motivation that combining the references would be obvious since all four references are of an “analogous art” of mobile communication terminals having image processing and multiple displays for displaying thumbnail images and other data (Ans. 8-9). The Supreme Court has stated that “[t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).

Whether there is significance to "whether or not" a given Board decision explicitly cites KSR in an obviousness case may be questioned.


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