Common Sense at the BPAI
A potentially interesting fact about the database of Board of Patent Appeals & Interferences decisions available on Westlaw:
From 4/30/2007 (i.e., the date KSR issued) to now (which is 269 days), the phrase “common sense” appeared at least once in 233 BPAI opinions.
In the 269 days ending 4/29/2007 (the day before KSR), the phrase “common sense” appeared at least once in 58 BPAI opinions. (That’s a 364% increase.)
Coincidence? Hard to say …
