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" A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter... "
Patent Law Revision: Hearings, Ninety-third Congress, First Session ... - Page 116
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights - 1974 - 715 pages
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Court of Customs and Patent Appeals Reports, Volume 40

United States. Court of Customs and Patent Appeals - Customs administration - 1952 - 456 pages
...something unobvious. 35 USC 103. Refusal of a patent is proper, under the new law, as it was under the old, if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would have been obvious at the time the alleged invention was made to a person having ordinary...
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Evolution as Computation: DIMACS Workshop, Princeton, January 1999

Laura F. Landweber, Erik Winfree - Computers - 2002 - 360 pages
...legal criteria for obtaining a US patent are that the proposed invention be "new" and "useful" and the differences between the subject matter sought...the prior art are such that the subject matter as a whole would [not] have been obvious at the time the invention was made to a person having ordinary...
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Patent Practice Forms

Peter S. Canelias - Law - 2001 - 736 pages
...be applied by you in considering the validity of each of the patents herein issue is to determine if "the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill...
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Intellectual Property Assets in Mergers and Acquisitions

Lanning G. Bryer, Melvin Simensky - Business & Economics - 2002 - 456 pages
...person of ordinary skill in the art when the invention was made.41 A patent is invalid for obviousness if: the differences between the subject matter sought...ordinary skill in the art to which said subject matter pertains.42 The ultimate question of obviousness is a question of law.43 Despite this fact, factual...
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Drafting License Agreements

Michael A. Epstein, Frank L. Politano - Law - 2002 - 1044 pages
...[4] Nonobviousness Section l03 of the l952 Patent Act precludes an inventor from obtaining a patent if the differences between the "subject matter sought...the prior art are such that the subject matter as a whole would have been obvious to one of ordinary skill in the art to which said subject matter pertains."l70...
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Intellectual Property and Computer Crimes

Peter Toren - Law - 2003 - 916 pages
...the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought...in the art to which said subject matter pertains." 9 The Supreme Court in Graham v. John Deere Co., 383 US 1, 17, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966)...
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Legal Aspects of Gene Technology

Brian Cain - Law - 2003 - 296 pages
...though the invention is not identically disclosed or described as set forth in s.102 of this title, if the differences between the subject matter sought...in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. (b) (1) Notwithstanding...
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Cooperative Research and Technology Enhancement (CREATE) Act of ..., Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2003 - 72 pages
...states in part that "[a] patent may not be obtained [even though the claimed invention may be novel] ... if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill...
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Genetic Programming IV

John R. Koza - Computers - 2003 - 632 pages
...obtaining a US patent are that the proposed invention be “new' “useful,” “improved,” and that “...the differences between the subject matter sought...the prior art are such that the subject matter as a whole would [not] have been obvious at the time the invention was made to a person having ordinary...
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Advances in Evolutionary Computing: Theory and Applications

Ashish Ghosh, Shigeyoshi Tsutsui - Computers - 2002 - 1042 pages
...for obtaining a US patent are that the proposed invention be “new” and “useful” and “... the differences between the subject matter sought...the prior art are such that the subject matter as a whole would [not] have been obvious at the time the invention was made to a person having ordinary...
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