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I think the problem is that it's impossible to determine what is obvious post-hoc. The next best thing is "hey, was someone thinking of this at the same time?"

Prior art is the easiest way to prove it.

It sucks :(



I'd suggest that any independent invention between filing and grant, that is, during the period when the patent is still secret, should automatically render the subject of the application to be obvious and unpatentable.




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