A structure including a plurality of metallic members which support a platform.
Anticipated by Stewart.
Stewart does not teach a structure as claimed because, as described in the Specification, the platform must be able to withstand a large load for an extended time period without failure when the structure is used in a hot, corrosive environment.
論述內容應與Claim 請求範圍對應相稱(commensurate in scope ),Claim未寫入的特徵無法用以論證所請發明具可專利性[2]
A composition prepared by a method comprising:
contacting amorphous carbon with an aqueous solution consisting essentially of ferric sulfate and an acid to form promoted amorphous carbon; and
drying the promoted amorphous carbon under drying conditions to form the composition.
The composition is disclosed by one reference.
The reference does not disclose the steps of the process of claim 15.
A system, comprising:
a vehicle battery;
a heater configured to regulate a temperature of the vehicle battery, the heater including a thermoelectric heater element; and
a controller configured to operate the heater.
Baker discloses a vehicle battery system, but does not disclose a heater and a controller. Hill discloses a heater and controller for a battery system. It would have been obvious to modify Baker’s system by adding a heater and controller, as disclosed by Hill, to provide battery power in cold temperatures and increase battery life.
Baker does not disclose a heater or a controller.
審查官確實陳述了前案組合理由("to provide battery power in cold temperatures and increase battery life" ),訴願人應說明核駁處分所寫結合動機、陳述方式有何問題
(1) The Specification describes the field of endeavor as adsorbents for cooling systems. In contrast, prior art describes its field of invention as relating to lubrication systems for use with internal combustion engines.
引證案與所請發明非屬相同技術領域,故未滿足「類似先前技術」要件一
(2) the Examiner fails to explain how the prior art is reasonably pertinent to solving the problem in a cooling system.
A method for recoating an optical article using vapor deposition.
Obvious over Martin which discloses removing a previously applied anti-soiling coating.
Martin teaches away because Martin discloses durability of optical coating applied by vapor deposition is poor and describes spraying, casting, rolling or immersing as suitable techniques.
Martin 指所請方法效果欠佳,已構成批評,且又揭露其他優選替代方案,是可能導致本技術領域通常知識者避免選用所請方法
「顯可嘗試」("Obvious to Try" )
最後一個子題講「顯可嘗試」("Obvious to Try" )核駁,依KSR 案教示,「顯可嘗試」核駁需符合兩項要件:要件一,已存在需解決一問題的設計需求或市場壓力;及要件二,已存在有限數量已知而可預期的解決方案,相關技術通常知識者有充分理由嘗試驗證其技術領域已知選項。
面對審查官「顯可嘗試」核駁,簡報僅舉出一例,且是訴願人成功取分的寫法:
請求項
核駁
論述
說明
A heat exchanger . . . including flow channels having a flow pattern with a pattern of waves of a first wavelength in a first direction and waves of a second wavelength in a second direction.
[T]here were two possibilities regarding the waves: (1) the first and second wavelength were the same, or (2) the first and second wavelengths were different. In light of this, [it is] determined it would have been obvious to try different first and second wavelengths.
[I]t has not chosen to use two different wavelengths as a simple selection from a finite universe of possibilities because the universe of possibilities before the present invention was to use the same wavelength in both directions, as is evidenced by the applied prior art.