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Reference Reasonably Pertinent to One Problem Deemed Analogous Art, PTAB Litigation Blog

December 2017

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Section 103 does not, by its terms, define the "art to which [the] subject matter [sought to be patented] pertains," but longstanding precedent couches this question of fact in terms of "whether the art is analogous or not." See In re Clay, 966 F.2d 656, 658 (Fed. Cir. 1992); Application of Wood, 599 F.2d 1032, 1036 (C.C.P.A. 1979). There are two distinct, yet equally effective, criteria for determining whether a reference is analogous art.

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