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  • What is the requirement of "non-obvious"?
  • Non-obviousness is anything that is outside the ability of one having ordinary skill in the art. This is a subjective test that is difficult to explain and difficult to apply. In essence, one looks to two or more prior existing inventions to find the part of the invention in question. Typically, this can be found in all inventions. To combine the parts of different inventions there must also be a teaching to make the combination. Typically, this teaching is not present in patentable inventions.

    Updated: 11/12/99
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