Affirmed by the Board of Patent Appeals and Interference on May 31, 2007, Ex parte Kubin and Goodwin was characterized as precedential due to this cases question of obviousness. "Under KSR, its now apparent 'obvious to try' may be an appropriate test in more situations than we previously contemplated" (pg. 8 Ex Parte Kubin and Goodwin). The description of the case goes on to define "obvious to try":
"When there is motivation
to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the face that a combination was obvious to try might show that it was obvious under § 103." (pg 9 Ex Parte Kubin and Goodwin).
The full decision can be found here Ex Parte Kubin
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