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Absolutely, patent prosecution is a process. One may amend claim wording to narrow and avoid cited prior art, cancel some claims, or cancel all claims are submit a new set of claims. One may also argue that the cited reference is not valid prior art based on its date or not being in an analogous art, or not teaching all elements of the claim in question.


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Almost everything is made of a combination of known things and, as @EricShain said in a comment what is obvious now might not have been obvious then. More importantly that the number of years that has past is the fact that we know about intermittent wipers. Humans have a tremendous hindsight bias. Once you know something, it seems obvious. It is very hard to ...


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Although George White's answer is excellent, I wanted to explicitly answer your last question. Also, in order to not infringe the patent, should the new method not violate all claims, or is it an infringement to violate any one claim? To infringe on an existing patent, it is only required that you infringe on a single claim. Please understand that with ...


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Criteria for you to get a patent on an improvement Almost everything can be seen as an improvement on something from the past. The claims of previous work are not particularly relevant to a patentablity analysis. Something in a journal article of an unclaimed part of a patent or a published patent application might be relevant. As you say it must be ...


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For your work to be considered new it shouldn't be disclosed in any prior art publications. As far as usefull it must considerably improve or achieve what prior art failed to, in simple terms the improvement must not be for asthetic puropose. For your work to be non-obvoius it must have not been known from gerneral knowledge available to a POSA(PERSON ...


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An answer to the question in your title is at How do others' publications during the grace period hinder patentability? As interpreted by the USPTO the provisions for a grace period in the AIA protects the content of the inventor's publications (during the 12 month period) from being used against them on a very literal basis. Anything from a third party ...


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I'll try to clarify. Under the AIA first to file system, the effective filing date of the pending application is important for figuring out what is in the prior art. The law (35 USC 102) is now set up such that it broadly defines the class of prior art and then carves out specific exceptions that can be used to disqualify references (publications or patent ...


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