mpep.io

7.37.01Unpersuasive Argument: Age of Reference(s)

In response to applicant’s argument based upon the age of the references, contentions that the reference patents are old are not impressive absent a showing that the art tried and failed to solve the same problem notwithstanding its presumed knowledge of the references. See In re Wright , 569 F.2d 1124, 193 USPQ 332 (CCPA 1977).

Appears in