The determination of non obviousness involves several factors:
- Prior Art: Existing knowledge and technologies in the field. - Unexpected Results: Whether the results achieved by the catalyst or process were unexpected and could not have been predicted based on prior art. - Level of Ordinary Skill: The knowledge and expertise expected of a person skilled in the field of catalysis. - Commercial Success: Sometimes, the commercial success of a catalyst can be an indicator of non obviousness, especially if it shows that the invention solved a long-standing problem in a way that was not anticipated.
