As of 2007ish courts rely on the "Graham factors": - the scope and content of the prior art; - the level of ordinary skill in the art; - the differences betwee

As of 2007ish courts rely on the "Graham factors": - the scope and content of the prior art; - the level of ordinary skill in the art; - the differences between the claimed invention and the prior art; and - objective evidence of nonobviousness. e.g. http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousness#United_States http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousn...