Obviousness (Page 4 of 4)
Pratice Notice on Obviousness - November 2, 2009
(PDF - 45 KB - 6 pages)
C - Impact on cases under prosecution
Examiners will henceforth assess obviousness in view of the guidance set forth herein, and will present obviousness objections where necessary, regardless of the prior prosecution of the application. Examiners will not, however, systematically review cases that have been approved for allowance or allowed prior to the date of this notice.
Where the present guidance on obviousness applies to an application that has been the subject of a Final Action, a revised obviousness defect may be raised in a "Supplementary Summary of Reasons" to which the applicant will be given an opportunity to respond. The particulars of such cases will be managed by the Patent Appeal Board, such as to introduce the least inconvenience and disruption into the process before the Board.