Two tests: (1) test is T-S-M (teaching-suggestion-motivation)
- meaning are there teachings, suggestions, or other kinds of motivations in the prior art or previous patents that make the "new" invention obvious?
- Scope and content of prior art
- Different between prior art and current claims
- Level of skill in art (is the inventor a PHOSITA [person having ordinary skill in the art] or not?)
- Secondary considerations:
- long felt but unsolved need
- commercial success
- failure of others
- other copying (NEWER)
- long felt but unsolved need