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SSJR Wins Favorable Decision on Appealed Issues in Imaging System

September 26, 2007 by in General

The Board of Patent Appeals and Interferences has reversed all obviousness rejections in a patent application directed to an infrared imaging microscope system. The Board noted that a proper application of KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) requires that no “matter how strong the Examiner’s convictions are that the claimed invention would have been obvious, or whether we might have an intuitive belief that the claimed invention would have been obvious … [n]either circumstance is a substitute for evidence lacking in the record.”