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In a recent Federal Circuit opinion in Personal Web Technologies LLC v. Apple Inc., the court reiterated that a determination of patent invalidity based on 35 U.S.C. 103 "obviousness" requires not only a mere explanation that a person of ordinary skill could combine the cited prior art references, but must also explain how he or she would do so. On this basis, the lower PTAB decision was vacated and remanded, noting that the case lacked “a clear, evidence-supported account of the contemplated workings of the combination” to adequately explain and support the conclusion that a relevant skilled artisan would have been motivated to make the combination and reasonably expect success in doing so.

Published in Patent