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Motivation for the Federal Circuit Test - page 35 / 35

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outlining the invention with great precision. Instead, the TSM test is fundamentally a search for a reasoned rationale supported by objective evidence explaining why an invention would have been obvious. It has evolved to satisfy § 103 requirements as explained in Graham, while at the same time mitigating the ever-present problem of hindsight reconstruction. It does so by focusing attention on objective indicia in the form of prior art and skill level of hypothetical artisans. The TSM test then asks the examiner or court to develop a reasonable rationale explaining why the invention would have been obvious, and to support this rationale using the objective indicia. The TSM test has coevolved with refinements of “invention/obviousness” for over one hundred years. During this time it has proven itself as a means of satisfying the “invention/obviousness” requirements in sound, pragmatic, and administrable test.

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