11.1.16 Person of Ordinary Skill

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Multi-State
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US-JURY-7THCIR-11-1-16
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Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

11.1.16 Person of Ordinary Skill is a legal term used to refer to an individual with average knowledge and experience in a particular field. It is used in patent law to determine the level of understanding that the public would have of a particular invention. There are two types of 11.1.16 Person of Ordinary Skill: the professional person of ordinary skill (PROS) and the non-professional person of ordinary skill (NP POS). The PROS are someone with a degree, certification, or professional experience in the field in which the invention is claimed. The NP POS is an individual with sufficient knowledge and experience in the field to understand and use the invention, but without any formal credentials.

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FAQ

Factors that may be considered in determining the level of ordinary skill in the art may include: (1) ?type of problems encountered in the art;? (2) ?prior art solutions to those problems;? (3) ?rapidity with which innovations are made;? (4) ?sophistication of the technology; and? (5) ?educational level of active

You should challenge any conclusion of obviousness that does not explain how the problem was known in the field or how the prior art or other relevant evidence suggested the solution. Be aware that even if the prior art clearly recognized the problem, it may not have suggested the solution.

You should challenge any conclusion of obviousness that does not explain how the problem was known in the field or how the prior art or other relevant evidence suggested the solution. Be aware that even if the prior art clearly recognized the problem, it may not have suggested the solution.

Under § 103, a patentable invention must be a non-obvious improvement over prior art; thus, a rejection under this section means the examiner considers the invention at issue to be obvious.

Here are some of the common ways to counter the 35 USC §103 obviousness rejection. Amending claims: If the combination of prior art really does show all the elements of a particular claim, you can amend the claim to clarify a feature or to add an element.

A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention.

A rejection based on 35 USC §103 is used when the claimed invention is not identically disclosed or described so the reference teachings must somehow be modified in order to meet the claims. ? The differences between the claimed invention and. the reference teachings must have been obvious.

101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.

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11.1.16 Person of Ordinary Skill