FYI

How will an examiner's refusal be overcome? Refusals will once again be overcome by the standard arguments that were common before the TSM rule. The standard arguments provided by the decision in Graham will once again be the arguments for overcoming obvious rejections by the PTO. For example:

• The combination of prior art asserted by the examiner is hindsight reconstruction.
  
  
• The prior art teaches away from the combination.
  
  
• The invention solves long felt but unresolved needs.
  
  
• The invention is a commercial success.

These are all arguments that Graham and its progeny suggest as the arguments that may overcome a refusal based on obviousness. Overall, it will be more difficult to obtain meaningful patent protection, but patents that are obtained will be stronger and more meaningful to the owner.
Opty