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Spoonful of Commercial Success Overcomes Obviousness Rejection, PTAB Litigation Blog

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The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry.  The PTAB found sufficient commercial success in the form of sales data, and that such success was directly attributable to the unique features of the Applicant’s product.  This success overcame prior art directed to spoons dating back to 1948.

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