Wednesday, March 13, 2013

Secondary consideration evidence must be commensurate with claim scope

From Ex parte MOULSLEY

See In re Tiffin, 448 F.2d 291 (CCPA
1971) (per curiam) (Objective evidence of non-obviousness must be
commensurate with the scope of the claims.). Therefore, we are not
persuaded by these arguments that the Examiner’s reason to combine the
teachings of these references lacks some rational underpinning to justify the
obviousness conclusion.


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