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	<title>Comments on: Thoughts on KSR</title>
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	<link>http://madisonian.net/2007/04/30/thoughts-on-ksr-3/</link>
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		<title>By: Buck Foss</title>
		<link>http://madisonian.net/2007/04/30/thoughts-on-ksr-3/comment-page-1/#comment-206530</link>
		<dc:creator>Buck Foss</dc:creator>
		<pubDate>Tue, 01 May 2007 20:14:59 +0000</pubDate>
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		<description>I must agree that it is clear that no one on the Supreme Court has actually had any real life business experience.  (You didn&#039;t say that directly, but I will).  The quote, &quot;any need or problem known in the field of endeavor ...&quot; renders a combination of known elements obvious is preposterous.  Think about it, when was the last &quot;invention&quot; you filed that wasn&#039;t a combination of other things put together is a far more clever fashion.  

The Court itself stated, &quot; ... inventions in most, if not all, instances rely upon building blocks long since uncovered, and claimed discoveries almost of necessity will be combinations of what, in some sense, is already known.&quot;

Let&#039;s summarize what the SC has said:  (1) Almost all inventions are combinations of previously known elements, and (2) any known problem or known need provides a motivation to combine previously known elements rendering the invention (new combination obvious.  

Thus, almost all &quot;inventions&quot; are obvious.  The only out seems to be for &quot;unexpected results&quot; or &quot;teaching away&quot;.

This is nonsense.  As a farcical example consider that Peanut Butter and Chocolate existed as desert options long before the Reese&#039;s Peanut Butter cup, but I doubt anyone would have considered the combination obvious at the time of its introduction.  Indeed, their whole marketing campaign showed the &quot;cleverness&quot; of combining the two.

As a non-farcical example consider that there has always been a &quot;need&quot; to make electronics smaller, and transistors have been known forever, so the PNP gate was just an obvious reaction to market driven forces with known elements.</description>
		<content:encoded><![CDATA[<p>I must agree that it is clear that no one on the Supreme Court has actually had any real life business experience.  (You didn&#8217;t say that directly, but I will).  The quote, &#8220;any need or problem known in the field of endeavor &#8230;&#8221; renders a combination of known elements obvious is preposterous.  Think about it, when was the last &#8220;invention&#8221; you filed that wasn&#8217;t a combination of other things put together is a far more clever fashion.  </p>
<p>The Court itself stated, &#8221; &#8230; inventions in most, if not all, instances rely upon building blocks long since uncovered, and claimed discoveries almost of necessity will be combinations of what, in some sense, is already known.&#8221;</p>
<p>Let&#8217;s summarize what the SC has said:  (1) Almost all inventions are combinations of previously known elements, and (2) any known problem or known need provides a motivation to combine previously known elements rendering the invention (new combination obvious.  </p>
<p>Thus, almost all &#8220;inventions&#8221; are obvious.  The only out seems to be for &#8220;unexpected results&#8221; or &#8220;teaching away&#8221;.</p>
<p>This is nonsense.  As a farcical example consider that Peanut Butter and Chocolate existed as desert options long before the Reese&#8217;s Peanut Butter cup, but I doubt anyone would have considered the combination obvious at the time of its introduction.  Indeed, their whole marketing campaign showed the &#8220;cleverness&#8221; of combining the two.</p>
<p>As a non-farcical example consider that there has always been a &#8220;need&#8221; to make electronics smaller, and transistors have been known forever, so the PNP gate was just an obvious reaction to market driven forces with known elements.</p>
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		<title>By: Joe Smith</title>
		<link>http://madisonian.net/2007/04/30/thoughts-on-ksr-3/comment-page-1/#comment-206407</link>
		<dc:creator>Joe Smith</dc:creator>
		<pubDate>Tue, 01 May 2007 05:34:32 +0000</pubDate>
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		<description>I&#039;ve only read the decision once but it has the feel of a brokered piece of work with bits and pieces in to satisfy multiple points of view.  Rather than have the confusion of three separate opinions (like eBay) we have all of these different points of view war-ing in a single opinion.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve only read the decision once but it has the feel of a brokered piece of work with bits and pieces in to satisfy multiple points of view.  Rather than have the confusion of three separate opinions (like eBay) we have all of these different points of view war-ing in a single opinion.</p>
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