Pre-KSR, a PHOSITA
in some Federal Circuit decisions had the
81) Although the result might have remained the same under the new standard, the court should have explicitly considered whether a PHOSITA
would understand the term "optical effect" with reasonable certainty.
only one small molecule that needs to be identified, a PHOSITA
71) This paradigm not only discourages trade secrecy, (72) but provides technical information about "non-self-disclosing" inventions like complex chemical compounds or industrial processes--things that a PHOSITA
cannot easy replicate or reverse engineer.
A court determines the PHOSITA
using the relevant factors laid out
She can only claim that which the PHOSITA
objectively recognized would be in the inventor's possession.
who succeeds in developing beneficial technology in the face of such an impediment could be said to have a non-obvious invention.
Advances in technology have muddled the definition of the PHOSITA
and the scope of the prior art--two central factors in the determination of obviousness.
Section 5 of Israel's Patent Act indicates that, to be eligible for patent protection, an inventor must achieve an inventive step that is not obvious to the PHOSITA
at the time of filing.
196) To move forward, the burden immediately shifts to the applicant to prove that the reference is nonenabling, meaning that a PHOSITA
could not have made X without undue experimentation.
could understand the scope of the claimed invention.
Second, the different parts of our test, the PHOSITA
analysis and the