Obviousness
MPEP 2141 to 2145: the Graham inquiries, the KSR rationales, motivation to combine, ranges and rebuttal.
ObviousnessMPEP 2141: Determining Obviousness Under 35 U.S.C. 103MPEP 2141 explained: the Graham factual inquiries and how KSR shapes the USPTO's obviousness analysis.Read the entryObviousnessMPEP 2141.01(a): Analogous ArtMPEP 2141.01(a) explained: the two tests for whether a reference is analogous art that can be used in an obviousness rejection.Read the entryObviousnessMPEP 2142: Prima Facie ObviousnessMPEP 2142 explained: the examiner's initial burden to establish a prima facie case of obviousness, and avoiding impermissible hindsight.Read the entryObviousnessMPEP 2143: The KSR Rationales for ObviousnessMPEP 2143 explained: the seven exemplary KSR rationales (A through G) examiners use to support a conclusion of obviousness.Read the entryObviousnessMPEP 2143.01: Motivation to Combine or ModifyMPEP 2143.01 explained: motivation to combine references, and why a change that destroys the reference's intended purpose or principle of operation is not obvious.Read the entryObviousnessMPEP 2144: Supporting an Obviousness RejectionMPEP 2144 explained: sources of rationale for obviousness, including official notice, legal precedent, ranges, equivalents and intended purpose.Read the entryObviousnessMPEP 2144.05: Overlapping Ranges and Routine OptimizationMPEP 2144.05 explained: why overlapping or close ranges are prima facie obvious, routine optimization, and how to rebut with criticality or teaching away.Read the entryObviousnessMPEP 2145: Rebutting an Obviousness RejectionMPEP 2145 explained: how examiners weigh applicant arguments against obviousness, including teaching away, hindsight and attacking references individually.Read the entry