AFTER KSR / COMMON SENSE APPLIES NOT A / RIGID FORMULA

In Re Henry Gleizer, [2009-1373](December 15, 2009)[LOURIE, Dyk, Kendall] NON-PRECEDENTIAL The Federal Circuit affirmed the rejection of applicant’s claims for obviousness.
DISCUSSION: The Federal Circuit agreed with the Board affirmance of the rejection and noted that “[a]n obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case” and that the “common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not.”