¶ 7.37.01 Unpersuasive Argument: Age of Reference(s)
In response to applicant’s argument based upon the age of the references, contentions that the reference patents are old are not impressive absent a showing that the art tried and failed to solve the same problem notwithstanding its presumed knowledge of the references. See In re Wright, 569 F.2d 1124, 193 USPQ 332 (CCPA 1977).
Examiner Note:
This form paragraph must be preceded by form paragraph 7.37.