3/01/2006

【103】未揭示的優點及固有特性

103】未揭示的優點及固有特性

為要克服103的進步性理由,即使其有利的功效沒有揭示於說明書中,只要該有利功效是固有的特性,那麼在答辯中提出即可。

716.02(f) Advantages Disclosed or Inherent

We have found no cases supporting the position that a patent applicant's evidence or arguments traversing a § 103 rejection must be contained within the specification. There is no logical support for such a proposition as well, given that obviousness is determined by the totality of the record including, in some instances most significantly, the evidence and arguments proffered during the give-and-take of ex parte patent prosecution.

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