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Patent Law The examiner rejected claims in a patent application for an airplane fuselage using a...

Patent Law

The examiner rejected claims in a patent application for an airplane fuselage using a patent for a toy airplane. Using such a patent to make a rejection is proper. Explain.
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Answer #1

For acceptance of a patent by the patent examiner, it must be novel, nonobvious and useful. The patent for a fuselage for a toy airplane, if based on the same principle of aerodynamics and for same purpose of giving stability to a craft while in flight is same whether the plane is used for carrying goods and people or flown merely for recreational purpose. Thus, if a toy has been patented beforehand for fuseage, patent for the same item can be rejected.

Answer is True.

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