The Analogous Art Requirement and How to Traverse Obviousness Rejections Based on Non-Analogous Art
Patentably Defined
JUNE 7, 2012
INTRODUCTION. The provisions of 35 U.S.C. § 103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to possess ordinary creativity and to be aware of all prior art in his field of endeavor, as well as prior art that is relevant to the problem addressed by the claimed inventio
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