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IP: Defining the Scope of Commercial Success

The Federal Circuit's opinion in In re Glatt Air Techniques, Inc., discussed in dicta the scope of commercial success evidence necessary to rebut a prima facie case of obviousness. The court confirmed that commercial success of an invention can be based on a single embodiment and further clarified application of 35 U.S.C. ? 103 (obviousness) post-KSR.

KSR and the Obviousness Inquiry

Antoinette Konski

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