Why this is important.
"The question of whether a claim element or combination of elements is well-understood, routine and conventional to a skilled artisan in the relevant field is a question of fact. Any fact, such as this one, that is pertinent to the invalidity conclusion must be proven by clear and convincing evidence."
What does this mean to you and how should this affect the MPEP?
Additional information may be found in the Federal Register, dated April 20, 2018, and the letter from Robert W. Bahr, Deputy Commissioner for Patent Policy, dated April 19, 2018.
https://www.gpo.gov/fdsys/pkg/FR-2018-04-20/pdf/2018-08428.pdf
https://www.uspto.gov/sites/default/files/documents/memo-berkheimer-20180419.PDF
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