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Re: HDGabor post# 266676

Thursday, 04/16/2020 11:31:01 AM

Thursday, April 16, 2020 11:31:01 AM

Post# of 426070
hd-Du used Mori finding prima facie of obviousness, NOT Kurabayashi! AND that is the key of appeal.

B/c after analyzing sec. cons. she protected herself on appeal saying EVEN IF sec. cons. was strong enough (which she claimed was not--b/c she negated one against other) it DOESN'T MATTER b/c under ZUP, strong showing of obviousness allows you to work around sec. cons. even if they are considerable.

Kurabayashi goes to sec. cons. factor (#3) and not to prima facie of obviousness --hence its secondary and Mori is the kicker here.
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