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Post KSR, KSR International Co. v. Teleflex Inc., (see IP Update, Vol. 10, No. 5), the “obvious to try” test has become a hot topic for U.S. patent lawyers
The UK’s highest court recently considered the provisions of the European Patent Convention (EPC) centering on the “susceptible of industrial application” requirement in the context of a patent describing a DNA sequence for a new protein, Neutrokine-α, which was a member of a group of similar proteins known as the TNF ligand superfamily
