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What's the Hurry? Fallout After KSR

By John H. Hornickel
July 31, 2007

Every U.S. Supreme Court decision affecting intellectual property involves intellectual property attorneys from that moment forward, and all of the pending patent applications that those attorneys are prosecuting. How those attorneys react to the pronouncement of law makes the difference.

As a Supreme Court decision is analyzed by professors, commentators, and even newsroom reporters in the weeks and months following the date of the decision, patent attorneys are 'living the moment' by responding to Patent Office rejections, perhaps using time-tested words and phrases that do not apply anymore.

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