Appeal No. 2001-1485
Application No. 08/532,211
“Obviousness does not require absolute predictability of
success. Indeed, for many inventions that seem quite
obvious, there is no absolute predictability of success until
the invention is reduced to practice. There is always at
least a possibility of unexpected results, that would then
provide an objective basis for showing that the invention,
although apparently obvious, was in law nonobvious.” In re
O’Farrell, 853 F.2d 894, 903, 7 USPQ2d 1673, 1681 (Fed. Cir.
1988).
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