Eschlboeck on the
Law of Patents
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Contents
Introduction
Novelty
Legislation
Two-Step Approach
Prior Disclosure
Enablement
Claim by Claim
Obviousness
Legislation
Four-Step Approach
Inventive Concept
State of the Art
General Principles
Obvious to Try
Applicability
Factors
Secondary Factors
Claim by Claim
Utility
Legislation
Policy
Two-Step Approach
Subject-Matter of the Invention
Is the Subject-Matter Useful?
Predicted Utility
Applicability
Three Components
Not a Certainty
No After-the-Fact Evidence
Commercial Success
Burden on Commissioner
Relevant Date
Disclosure
Sufficiency
Legislation
Policy
General Principles
Nature of the Invention
Specification as a Whole
No Trial and Error
Enablement
Some Trial and Error
Remedy
Best Mode
Claim Ambiguity
Legislation
Policy
General Principles
Examples of Ambiguous Claims
Claim Overbreadth
Legislation
Statutory Basis
Policy
Two Fundamental Limitations
Claim by Claim
Claims Reciting Alternatives
Legislation
Alternative Language
Markush Language
Double Patenting
Legislation
Policy
General Principles
Applicability
Not Citable as Prior Art
Parties
Divisional Applications
Relevant Date
Person Skilled in the Art
General Principles
Common General Knowledge
General Principles
Relevant Time
Evidence
Filing Date
Legislation
Claim Date
Legislation