The recent January 13, 2014 opinion by the U.S. Court of Appeals for the Federal Circuit in In Re Raymond Giannelli drives home the point that the burden of establishing a prima facia case of obviousness rests with he USPTO. Conclusory statements about obviousness will generally be insufficient to establish obviousness. Furthermore, a detailed, well-written description may well play a key role in allowing the Read More
Rejection of Patent Claims on Obviousness Grounds: The USPTO Always Has the Burden of Establishing a Prima Facia Case of Obviousness


