1/31/11 (Robins)

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Considerations for nonobviousness can include commercial success, long felt but unsolved needs, failure of others. These can help prove non-obviousness, but they do not cause nonobviousness. they are not strict criteria, only considerations.

Important that court did not view this as an application of the new code. The code they viewed as simply a codeification of Hotchkiss decision.

file wrapper- examiner sends that gives reasons why they wont issue a patent. Conceded things to get your patent, you can;t later argue things that they didnt allow you to patent.

The secondary considerations were met in the Scoggin/Cook case, however it did not imply patentability.