c-
Using the patent application claim as a mosaic, the USPTO simply finds all the elements of the claim in one or more pieces of prior art and rigidly declares the mosaic to have been obvious. We know (at least in case of one patent) the USPTO found the patent obvious and granted due to secondary consideration).
I agree, the question(s):
- Did the Judge see everything correctly … made correct factual findings … or not?
- Did she apply Graham correctly … or not (Did she make a procedural error)?
- Was / were the 4th factor (secondary consideration) weak … was i "clear and convincing" evidence?
No final opinion (yet) … more later.
Best,
G
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