Biotechnological Process Claims
The nonobviousness statute, 35 U.S.C. sec. 103, contains a subsection specially tailored to the patentability of biotechnological processes. It is sec. 103(b). Kevin Noonan has a wonderful post at Patent Docs that explains the sense in which KSR may have breathed quite a bit of new life into subsection (b)’s special rule for these process claims.
