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Re: exwannabe post# 121914

Sunday, 06/19/2011 10:59:24 PM

Sunday, June 19, 2011 10:59:24 PM

Post# of 257253
"You are making an assumption that the lower MW truly is safer"
Again inequitable conduct defense. Nothing to do with obviousness.


"If I patent a blue wonder hammer, then later try to extend the term by patenting a pink version with the claim that it strikes harder, we have an issue. "

Not obviousness defense IMHO.

Obviousness would be if somewhere else in the prior art it was disclosed "change in colors may lead to higher impact"

So a finding that "hammer with pink color strikes harder" would be an obvious finding based on prior art

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