2100 Patentability

2141.01(a) Analogous and Nonanalogous Art: KSR is NOT applicable

2141.01(a)(I) need to be completely re-written! This section correctly cites In re Bigio, 381 F.3d 1320, 1325, 72 USPQ2d1209, 1212 (Fed. Cir. 2004). However, everything following that citation that references KSR is nonsense! The 'problem' described in KSR was in relation for reasoning associated with combining the teachings of references. It had absolutely NOTHING to do with deciding whether a reference is analogous art! There was no issue of analogousness before the SCOTUS in KSR. Until the Federal Circuit decides that KSR changed the analogous art test of Bigio, Bigio remains as it came down.



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Idea No. 264