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Patent Law

: The Patent Prospector

Finite Genus Killer

By Gary Odom and Jordan Kuhn

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Xerox filed a patent related to electrophotography. The examiner piled on §103(a) combos. Appeal before the BPAI, arguing against 'obvious to try.' The issue was whether a "claimed species is obvious over prior art which discloses a genus containing the species." Obvious if the genus is defined by a "finite number" of possibilities, and the prior art does not teach away. KSR strikes again. Min-Hong Fu, Colleen A. Helbig, Kent J. Evans, Kathleen M. Carmichael and David read more

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Full post as published by The Patent Prospector on May 03, 2008 (boomark / email).

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