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In re: Fought (Fed. Cir. Nov. 4, 2019)

Anticipation rejection is overcome because the recitation of “travel trailer” in the preamble served as antecedent basis for a term appearing in the body of a claim and should therefore be considered as a limitation. The "travel trailer" thus is not anticipated by a refrigerated trailer without living quarters.

Moreover, an examiner must only articulate the level of ordinary skill in the art when the applicant argues that the level of ordinary skill would change the result.

Read the case here.




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