Thanks to all of you who attended (or tried to attend) the panel presentations on KSR Tuesday morning at the AIPLA Annual Meeting. We apologize, but were pleasantly surprised, that the room was too small to accommodate all who wished to attend. Al
though it is available at the AIPLA website, I have attached the paper I submitted: “Adjusting the Rearview Mirror – Blocking Impermissible Hindsight Rejections.” It also touches on the state of “non-analogous art” and “picking and choosing.” I think that KSR unleashed/freed/encouraged Examiners to make obvious to try rejections which involve blatant picking and choosing from laundry lists of known elements, and that are only supported by the “common sense” or “ordinary creativity” of the POSA (read “the Examiner”). If I felt that anything was lacking in the panel, it might be the lack of a speaker on the importance of identifying prior art disclosures teaching away from the claimed invention.