What does a "totality of facts" argument aim to demonstrate?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

A "totality of facts" argument aims to demonstrate that the combined elements of an invention result in a different invention when viewed in their entirety, rather than just as individual components. This approach emphasizes the importance of looking at how the elements interact and function together to create a novel solution, rather than merely assessing them in isolation.

In patent law, especially during examination, it's crucial to establish that the combination of elements provides something innovative that is not merely a predictable result of prior art. This holistic view is essential in overcoming rejections based on obviousness, as it showcases the unique contributions and synergistic effects of the invention that may not be apparent when examining each element separately.

This focus on the overall combination helps to affirm the inventive step and supports the argument that the invention as a whole possesses characteristics that are new and non-obvious, thereby justifying patentability.

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