Definition
An obviousness rejection is an examiner’s finding that an invention would have been obvious to a skilled person based on one or more prior art references.
Why It Matters Legally
Obviousness rejections are the most common obstacle in prosecution. Overcoming them often requires amending claims or presenting evidence of unexpected results, which shapes the final patent.
Example Use Case
An examiner combines two references to argue the invention is obvious, and the applicant responds with data showing surprising performance to rebut the rejection.
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Related Terms
Non-Obviousness, Prior Art, Office Action, Patent Prosecution, Person of Ordinary Skill in the Art