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HDGabor

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HDGabor

Re: Meowza post# 279464

Thursday, 06/11/2020 12:30:53 PM

Thursday, June 11, 2020 12:30:53 PM

Post# of 426572
M-

I did not say anything about Mori. I know ... I was short, so a little bit longer

TSM & OtT.

TSM: teaching, suggestion, motivation
OtT: Obvious to try ... Acc. to the Supreme Court, in case of no TSM, OtT could be enough

Posters tend to mix scientific obviousness with legal obviousness. Meanwhile, scientific obviousness requires a definite answer, legal obviousness does not. A mix / cherry picking of existing prior art could teach or suggest or motivate or - w/o TSM - could trigger an OtT ... and could be determined as the patent is legally (prima facie) obvious.

Again: it is not a conclusion about the current case

Best,
G

Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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