c******n
发帖数: 911 | 1 【 以下文字转载自 Law 讨论区 】
发信人: chunmian (chunmian), 信区: Law
标 题: 如何界定non obvious novel?
发信站: BBS 未名空间站 (Tue Jul 2 16:47:35 2013, 美东)
想借用贵版问一问，如何界定专利的non obvious novel?
youtube （Shark Tank）上看到的一个Case.为了防止baby or toddler 弄脏play pan
和他们自己,两名女enterproner 用一块大（好像是塑料）布垫在里面，然后换洗这块
布。据说这是一项专利。有可能吗？这个能通过non obvious novel？
先谢一下。 |
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i*******p
发帖数: 297 | 2 (1) Independent claim 1 is rejected allegly anticipated by prior art A......
..ok, straight forward 102 rejection
(2)a few dependent claims 4-6 are then being rejected for 103a obviousness
over prior art A + prior art B....ok
I am just gonna argue (for 103a rejections) that independent claim 1 is not
obviouse over the combination of A+B, therefore 4-6 are not obvious.
行八?
thanks |
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h******o
发帖数: 10 | 3 本人新手，如果问题幼稚请多见谅。
examiner rejected all claims for obvious, 引用了A B C三个prior art说claimed
invention is simple combination of A B C. 我在写affidavit arguing for non-
obviousness
现在已经发现C中有missing element，并不适用在我们的invention中；
claimed invention中确实用了A B中的技术，可是那都是common method in the art
带我的attorney一直在强调虽然用了A B中的技术，但在claimed invention中吧A B中
的技术与其他element combine在一起就不obvious， attorney一直要我think of the
invention as a whole。
道理很简单，可是在这种情况下请问具体怎么操作。我在读prior art写这个affidavit
的时候具体应该从什么角度考虑这个问题呢。 请大家指教指教吧，多谢啦 |
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z******n
发帖数: 336 | 5 Response is not an affidavit. Usually the inventor or witness uses affidavit
to state a FACT but not the reasoning/conclusion of obviousness or not.
What do you mean C中有missing element?
If this is what you are talking about,
Your claim has elements 1, 2, 3, 4, 5, 6
A has 1,2
B has 3,4
C has 5
Then the combination of ABC is still missing 6 in your claim
Then No prima facie case of obviousnes is established.
To establish a prima facie case of obviousness, the Examiner needs to give
three things
1.... 阅读全帖 |
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c******n
发帖数: 911 | 6 想借用贵版问一问，如何界定专利的non obvious novel?
youtube （Shark Tank）上看到的一个Case.为了防止baby or toddler 弄脏play pan
和他们自己,两名女enterproner 用一块大（好像是塑料）布垫在里面，然后换洗这块
布。据说这是一项专利。有可能吗？这个能通过non obvious novel？
先谢一下。 |
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a**********m
发帖数: 2098 | 7 non-obvious和novel是两个概念。novel比较容易判断，简单的说就是看是否与现有技术
完全一样；non-obvious的话就要以发明所属领域普通技术人员的标准来判断了，这个时
候就是公说公有理，婆说婆有理，虽然有所谓的standard在，但是不同的人的结论很可
能不一样。
没看过你说的那集shark tank，不过如果里面的嘉宾连这2个问题都分不清楚，一看就是
专利领域的外行人。
pan |
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发帖数: 1 | 9 His "apology" was so painful to watch. His reading was so obvious, visually
and in his speech. I think its the first time we've heard him say[read] a
complete sentence. |
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d*******0
发帖数: 573 | 10 这个问题非常Tricky, 法律版应该有更好的回复。严格的说，汽车的side airbag,
curtain airbag都很难通过non obvious requirement, 所以需要一个好律师，当然价
格也贵些；还需要运气，不要遇到太tough 的examiner.
pan |
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g*******z
发帖数: 649 | 14 haha, this guy drives me crazy. He should have sung a rap with Jeremy Lin on
the court tonight. One only sang "obviously"; the other sang "you know",
which would have beaten the Hornets for sure. |
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u********r
发帖数: 2525 | 15 他喜欢用in terms of，非常喜欢。
用you know和obviously多没什么特别的，就像你只要听美国小妞儿打电话，基本不到
十秒就说一次i was like... |
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x***h
发帖数: 1975 | 16 科技论文obviously不就相当于I think么 |
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e******x
发帖数: 91 | 17 Obviously Stern told refs to setup a okc vs rockets first round. |
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E********M
发帖数: 1372 | 18 after working out for one week constantly, I can feel my overall fitness
increase(can feel the blood flow more efficient, become much more cool
weather resistance), but from looking stand point, I still don't see
obvious improvement, I expect about a month to see a significant improve, is
that realistic? if not, how much time I should expect? |
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j**f
发帖数: 7403 | 19 假设，你一个月能从镜子里看到明显效果，那么，你一个月不练，也就能从
镜子里看到肌肉明显的消失 （请忽略俺的烂逻辑，只是类似的意思）。
有道理么？
这是不现实的。想想，万一你哪个月忙，一个月没去GYM，肌肉全没了。你不
郁闷死？
所以这逻辑不通。
一般3-6个月能看到一些成果（比如二头和胸肌大一些，后背和大腿很难看到
明显变化的，但是腹肌做多少仰卧起坐可以用数量衡量，引体也可以用数量衡量）。
但是这些成果不是很大，一般都是几年以后，这个人就完全不同了。
假设你几年不练，可能会打为原型。但是3个月不练不至于回到原型。：）
after working out for one week constantly, I can feel my overall fitness
increase(can feel the blood flow more efficient, become much more cool
weather resistance), but from looking stand point, I still don't see
obvious improvement, I ... 阅读全帖 |
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u*****d
发帖数: 1009 | 20 stating the obvious = 说出很明显的事情 |
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w*******t
发帖数: 234 | 21 老板回信里面说"I did not mean to belabor the obvious"
到底是什么意思?
谢谢 |
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B*****t
发帖数: 3012 | 22 这不是很常见的情况吗
独权无新颖性
从权附加技术特征显而易见无创造性
你要是能把独权的创造性都争下来那不是连新颖性也没有问题了
anticipated but not obvious这是啥情况?
..
not |
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i*******p
发帖数: 297 | 23 sounds like a KSR lack of "rational underpinning to support the legal
conclusion of obviousness" type of argument.
disclaimer: I am noobie too! |
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f******r
发帖数: 2975 | 24 I have one n dimensional lattice L
the minimal norm of the lattice is (2d)^2
Let d be the radius of an n dimensional sphere
to me it is obvious that
the volume of this sphere
<= the volume of the lattice voronoi cell
but someone says that I have to prove it
I wonder how
thanks a lot |
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m*******e
发帖数: 1598 | 25 BY TINA AMIRTHA8 MINUTE READ
This story contains interviews with Christian Kästner, assistant
professor at Carnegie Mellon University; Amy Hirotaka, state policy and
advocacy manager at Code.org; and Janet Siegmund, researcher at the
University of Passau.
In order to expose more students to computer science, 17 states have passed
legislation to create basic math and science requirements in the curriculum,
rather than count them as electives. But lawmakers in Texas have made
computer program... 阅读全帖 |
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G****e
发帖数: 11198 | 26 The Darker Side Of God
If you ask Christians to describe their quasi-chosen god of worship,
you’ll often hear such descriptors as “wonderful” and “loving.” This
choice of selective designation seems commonplace within the Christian
community. In fact, most churches ignore the Old Testament all together so
that the members feel comfortable propagating this view. Fueled by such
blatant omission, this lengthy chapter will fill the void by offering a look
at the volume of horrendous acts perfo... 阅读全帖 |
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G****e
发帖数: 11198 | 27 【 以下文字转载自 WaterWorld 讨论区 】
发信人: GoBlue (Wolverines), 信区: WaterWorld
标 题: The Darker Side Of God
发信站: BBS 未名空间站 (Sat Jul 12 13:10:33 2014, 美东)
The Darker Side Of God
If you ask Christians to describe their quasi-chosen god of worship,
you’ll often hear such descriptors as “wonderful” and “loving.” This
choice of selective designation seems commonplace within the Christian
community. In fact, most churches ignore the Old Testament all together so
that the members feel comfortable propagatin... 阅读全帖 |
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l***n
发帖数: 812 | 28 This is the express transcript from Factset.
Operator: Good morning and welcome to the First Quarter 2011 Western
Refining Earnings Conference Call. After the speakers' opening remarks,
there will be a question-and-answer period. [Operator Instructions] As a
reminder, ladies and gentlemen, this conference call is being recorded and
your participation implies consent to our recording of this call. If you do
not agree with these terms, please disconnect at this time. Thank you.
I would now li... 阅读全帖 |
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f**d
发帖数: 768 | 29 这是一本计算神经科学的优秀著作，全文拷贝这里（图和公式缺），有兴趣的同学可以
阅读
如需要，我可以分享PDF文件（－－仅供个人学习，无商业用途）
From Computer to Brain
William W. Lytton
From Computer to Brain
Foundations of Computational Neuroscience
Springer
William W. Lytton, M.D.
Associate Professor, State University of New York, Downstato, Brooklyn, NY
Visiting Associate Professor, University of Wisconsin, Madison
Visiting Associate Professor, Polytechnic University, Brooklyn, NY
Staff Neurologist., Kings County Hospital, Brooklyn, NY
In From Computer to Brain: ... 阅读全帖 |
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O****y
发帖数: 79 | 30 【 以下文字转载自 Physician 俱乐部 】
发信人: Oldray (麦地.prajnaparamitahrdayasutra), 信区: Physician
标 题: Last dark report's webinar about pathology fellowship application
发信站: BBS 未名空间站 (Tue May 10 10:25:23 2011, 美东)
The Essential Guide to Achieving the Perfect Pathology Fellowship:
Useful Advice and “Must-Do’s” for First-, Second- and Third-Year
Residents
The Dark Report
4/28/11
Justin Clark
Hello, everyone, I’d like to welcome you to the latest Dark Report’s new
PREP webinar series. The Pathology Resident Ed... 阅读全帖 |
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发帖数: 1 | 31 Stone Cold Word
Longboat Key, Florida4m ago
AG Barr investigating a missing Twinkie is a joke.
So I am reading all these comments laughing and calling out "conspiracy
theories". It's easy to "throw shade"..... getting "shade to stick" is
another story.
I know this. A high profile prisoner, who supposedly tried to kill
himself just two weeks ago, this guy could not get near a 6 inch piece of
thread. Now that's not a "conspiracy theory".
The "shade slingers" want us to believe that this ego ... 阅读全帖 |
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O******e
发帖数: 4845 | 32 ☆─────────────────────────────────────☆
yuuli (听，...听) 于 (Thu Nov 16 23:23:06 2006) 提到:
http://www.cell.com/content/article/fulltext?uid=PIIS0092867406012256&highlight=polymerase
Cell, Vol 127, 317-327, 20 October 2006
Role of the Sigma Factor in Transcription Initiation in the Absence of Core
RNA Polymerase
Hsin-Hsien蔋su,1 Kuei-Min蔆hung,1 Tsung-Ching蔆hen,1 and Ban-Yang蔆hang1,*
1 Institute of Biochemistry, National Chung-Hsing University, Taichung 40227
, Taiwan, Republic of China
从第二个图... 阅读全帖 |
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w***n
发帖数: 9040 | 33 The Big Book of Endurance Training and Racing
By Dr. Philip Maffetone
CHAPTER 8
THE OVERTRAINING SYNDROME
Overtraining is the most common problem that prevents endurance
athletes from reaching their potential. It’s also the most common cause of
injury and ill-health for millions of athletes. And overtraining is a
problem
that many athletes, coaches, and health-care professionals don’t recognize
until it becomes a more serious condition.
As a result, overtraining is not recognized soon enough to ... 阅读全帖 |
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g**********2
发帖数: 2408 | 34 Question-and-Answer Session
Operator
Thank you. Ladies and gentlemen, we will now begin the question-and-answer
session. (Operator Instructions) Your first question now comes from the line
of Philip Wan from Morgan Stanley. Please ask your question.
Philip Wan - Morgan Stanley
Hi, Louis and Sisi, thanks for taking my question. My question is about your
overseas business, as you mentioned you are seeing intensifying competition
, could you elaborate a little bit more on where do you see tougher
c... 阅读全帖 |
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g**********2
发帖数: 2408 | 35 Question-and-Answer Session
Operator
Thank you. Ladies and gentlemen, we will now begin the question-and-answer
session. (Operator Instructions) Your first question now comes from the line
of Philip Wan from Morgan Stanley. Please ask your question.
Philip Wan - Morgan Stanley
Hi, Louis and Sisi, thanks for taking my question. My question is about your
overseas business, as you mentioned you are seeing intensifying competition
, could you elaborate a little bit more on where do you see tougher
c... 阅读全帖 |
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z******n
发帖数: 336 | 36 Well, I am not confused with 102(b). It is exactly why I am asking about
this.
The answer I have now is the Examiner cannot, but I am not 100% sure.
Essentially, what I am asking is:
Can the Examiner use a non-prior art article as the secondary reference to
fill the gap between X and X+Y.
1. ODP is still talking about Obviousness. The examiner still needs to
establish a prima facie case of obviousness with prior art which does not
include the inventor's own academia article within one year.
2.Or... 阅读全帖 |
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g********n
发帖数: 2314 | 37 原来是'Performance profiling' could help to catch cheater 现在是 '
Performance profiling' could help to dispel doubts.
Why great Olympic feats raise suspicions
'Performance profiling' could help to dispel doubts.
Ewen Callaway
01 August 2012 Corrected: 03 August 2012
Chinese swimmer Ye Shiwen broke the world record for the women's 400-metre
individual medley event at the Olympic Games on 28 July.
L. NEAL /AFP / GETTY IMAGES
Article tools
print
email
rights & permissions
share/bookmark
At the Olympics,... 阅读全帖 |
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a*******a
发帖数: 1240 | 38 Before embarking on a metaphysical critique of the famed "theory of general
relativity" (GR) amidst the fanfare of the recent observation by LIGO of
gravitational wave, an explorative discussion of mathematics is both helpful
and necessary.
In any theoretical investigations, mathematics plays a pivotal role. The
natural question arising herein is then, what is mathematics? And what kind
of roles can we possibly expect of mathematics in any theoretical enquiries
(i.e., by deductions) or in a prac... 阅读全帖 |
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c*****g
发帖数: 21627 | 39 Michael Lewis: Did Goldman Sachs Overstep in Criminally Charging Its Ex-
Programmer?
A month after ace programmer Sergey Aleynikov left Goldman Sachs, he was
arrested. Exactly what he’d done neither the F.B.I., which interrogated him
, nor the jury, which convicted him a year later, seemed to understand. But
Goldman had accused him of stealing computer code, and the 41-year-old
father of three was sentenced to eight years in federal prison.
Investigating Aleynikov’s case, Michael Lewis holds a s... 阅读全帖 |
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D*****r
发帖数: 6791 | 40 http://www.franknelte.net/Nelte_HTML/LUCIFER.htm
In the English version of the Bible the name "Lucifer" appears only one time
, in Isaiah 14:12. This verse reads:
"How are you fallen from heaven, O LUCIFER, son of the morning..." (Isaiah
14:12)
Now the word "Lucifer" is not an English word, but a LATIN word. And so the
question is:
WHO GAVE THE WORLD THIS LATIN NAME "LUCIFER"? AND WHY DID THEY GIVE US THIS
LATIN NAME?
HOW WE CAME TO HAVE THIS NAME "LUCIFER"
In 382 A.D. Pope Damasus commissioned ... 阅读全帖 |
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R*o
发帖数: 3781 | 41 The concept of a burning Hell where people are tortured eternally, is often
thought of as a Bible teaching. It isn't. Rather, the whole concept of a Hel
l as people see it today, where the bad are sent to an underground world tha
t is ruled by an evil God, comes from a misunderstanding of the pagan Greek
Mythology of Hades, the River Styx, and the God Pluto. For if you read Greek
mythology, you'll see that Hades was never a place of torture, but simply t
he place where the dead go to be judged. ... 阅读全帖 |
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l******t
发帖数: 490 | 42 解答：Allah為什麼有時候用複數代詞“我們”
The Quran, Allah and Plurality Issues (Sam Shamoun)
The Quran, much like the Holy Bible, uses plural pronouns for God even more
so than what we find in God’s true Word. Here are several examples:
This is part of the tidings of the things unseen, which We reveal unto thee
(O Apostle!) by inspiration: Thou wast not with them when they cast lots
with arrows, as to which of them should be charged with the care of Mary:
Nor wast thou with them when they disputed (the point). S... 阅读全帖 |
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d********e
发帖数: 2221 | 44 anything published more than 1 year ago can be used as prior art under 35
usc 102(b). You cannot claim priority at this moment. It's too late.
If the USPTO cite the old application, that means they think the new claims
are anticipated or rendered obvious by the old application. you can
certainly argue otherwise. you should make the **difference** between the
new claims and the old application **non-obvious to one of ordinary skill in
the art**. That means,one of ordinary skill in the art sh... 阅读全帖 |
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e*******n
发帖数: 4912 | 45 201. Nobert Wiener听学术报告的习惯是一般迟到几分钟，然后在
第一排坐下，拿出本杂志很认真的看，如果他比较累就会睡上
一觉，在报告快结束时问一个关键的问题，或者自己来做一个
小型报告
Wiener经常会让人列出美国最伟大的十个数学家，1930s有一
次在duke大学的一次数学会议上，一些人故意只列出9个，然
后观察Wiener那种表情
202. 在Princeton大学曾经流传着一些数学家证明定理的“显然”
标准
if Wedderburn says it's obvious,everybody in the
room has seen it ten minutes ago
if Bohnenblust says it's obvious,it's obvious
if Bochner says it's obvious,you can figure it out
in half an hour
if von Neumann says it's obvious,you can prove it
in three months if you are a genius
if... 阅读全帖 |
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a*******a
发帖数: 1240 | 46 Before embarking on a metaphysical critique of the famed "theory of general
relativity" (GR) amidst the fanfare of the recent observation by LIGO of
gravitational wave, an explorative discussion of mathematics is both helpful
and necessary.
In any theoretical investigations, mathematics plays a pivotal role. The
natural question arising herein is then, what is mathematics? And what kind
of roles can we possibly expect of mathematics in any theoretical enquiries
(i.e., by deductions) or in a prac... 阅读全帖 |
|
M******8
发帖数: 10589 | 47 http://www.raskb.com/transactions/VOL64/VOL64-3.docx
“You are Dead, the Square is Dead”: The 1989 Chinese Pro-Democracy
Movement
by Karen EGGLESTON
You are dead, the Square is dead.
They say now is a great victory,
thinking that death can protect their criminal existence.
We live on,
We give our hearts to you,the dead ones,
to let you live again through our lives,
to complete the mission which you left incomplete.
by Gu Cheng and Yang... 阅读全帖 |
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n***y
发帖数: 2730 | 48 全文如下，自己看。反正根据此文，习对美轰炸叙利亚表示理解。
Briefing by Secretary Tillerson, Secretary Mnuchin, and Secretary Ross on
President Trump's Meetings with President Xi of China
Tideline Resort and Spa
Palm Beach, Florida
3:58 P.M. EDT
MR. SPICER: Hi, guys. So this is being streamed back to both the Tideline,
as well as the White House.
Obviously, today the President was very pleased with the outcomes of today’
s meeting. I wanted to give you guys a quick readout, so today I’ve
brought three of the top participa... 阅读全帖 |
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t*******r
发帖数: 22634 | 49 我觉得关键是，很多教育者，对小学娃版证明的严格性，要求太高了。
然后就走极端变成干脆放弃不去证明了。。。
其实俺的看法，娃版形象版证明，不过是 "bring the non-obvious
to the obvious, even the process is just a little tiny
whiny bit complex"。
从这个角度说，(-2) * (-3) = +6，这个正号，对娃就是
non-obvious（如果 obvious 娃也不会问或者犯错了）。
用乘法分配率，娃版算术版形象证明，是要费上一点时间，
也需要反复几次加强理解，但至少娃觉得 now it is
obvious (because we have no other choice)。
这个还是挺重要的，也有价值的，俺觉得。 |
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g****m
发帖数: 996 | 50 Religion and Psychiatry
Irvin Yalom
宗教与精神病学
欧文亚隆
The American Psychiatric Association awarded Irvin Yalom the 2000 Oscar
Pfister prize (for important contributions to religion and psychiatry.) Here
is his acceptance speech delivered at the American Psychiatric Association
annual meeting in May 2000 at New Orleans. A version of this lecture has
been published in the American Journal of Psychotherapy (number three –
2002)
美国精神卫生协会将2000年奥斯卡菲斯特奖颁给欧文亚隆，奖励他在宗教与精神病学方
面做出的重要贡献。下面是他在2000年5月新奥尔良举行的美... 阅读全帖 |
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