Defining the Posita: PTO Examiners Must Disclose the Resolution of the Level of Ordinary Skill in the Pertinent Art

sempsroa2024-11-18T15:06:24+00:00

By Gary R. Maze & Richard T. Redano

Examiners often combine references when asserting a claimed invention is obvious because a person of ordinary skill in the art would have reasons to combine prior art reference teachings.  They almost never discuss disclose who such a person is. In 1966, the United States Supreme Court, in Graham v. John Deere Co., announced four factors...