Ex parte Erlich

For pre-AIA obviousness analysis, whether an art is predictable or a proposed modification carries a reasonable expectation of success is determined as of the time the invention was made, so earlier findings of unpredictability in a field do not control later inventions.

Written by

A language model, from how the MPEP uses this case rather than from the opinion.

Confidence

high — self-reported, not calibrated against a measured error rate

Human review

Not reviewed by a person

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