Wednesday, March 07, 2012

An Invention that Can Be Made with Routine Experimentation is Obvious

In Re Pepperball Technologies, Inc., [2011-1137] (March 7, 2012) [NON-PRECEDENTIAL] The Federal Circuit affirmed the BPAI's affirmance of the rejection of the claims of U.S. Patent Nos. 6,393,992 and 7, 194,960 during reexamination.
DISCUSSION: The Federal Circuit analyzed the references and agreed with the BPAI that the invention could have been made by a person of ordinary skill in the art "with routine experimentation" and thus was obvious.

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