United States BioPharma Patents - Quick Tips and News - Nov/Dec 2013


A. Three Tips for Overcoming U.S. Obviousness Rejections -

1) Argue no PFO first: Always argue down existence of an Examiner-asserted presumption of prima facie obviousness (PFO), before going on to second-step providing PFO-presumption rebuttalevidence, e.g., “secondary considerations” such as unexpected result.

2) Use a selection argument: Map out each step an artisan would have to make to arrive at the claimed invention amongst all the choices available in the cited art with no guidance to make all of the selections to arrive at the claim as a whole.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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