- What is the nuanced meaning of "CLAIMED INVENTION AS A WHOLE"?
- Put another way: Why not just write CLAIMED INVENTION?
- What is the alternative, "claimed as a ???"?
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the CLAIMED INVENTION AS A WHOLE would have been obvious BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED INVENTION to a person having ordinary skill in the art to which said subject matter pertains.