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Inherent Obviousness Means Element Is Necessarily Present, Not Just Obvious, PTAB Litigation Blog

January 2018

Visit the Jones Day PTAB Litigation Blog.

In prior blog postings, we have commented on PTAB decisions regarding the standards for demonstrating inherent obviousness. Practitioners should also be aware of a recent Federal Circuit decision clarifying the test is whether an element is necessarily present – not whether the element is obvious.

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