Practice question: obviousness after KSR
Answer in brief
This question tests how an examiner may support an obviousness rejection. Pick an answer before you open the explanation; the governing rule is in MPEP 2143.
An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.
The question
An applicant argues that an obviousness rejection is improper because neither cited reference contains an explicit teaching, suggestion or motivation to combine them. Which response is most consistent with USPTO practice?
- The applicant is correct; an explicit teaching, suggestion or motivation in the references is always required.
- The rejection may still be proper if the examiner articulates another rationale with reasoning, such as combining known elements by known methods to yield predictable results.
- The rejection is proper only if the references come from the same patent family.
- Obviousness rejections cannot combine more than one reference.
- The examiner must withdraw the rejection and issue an anticipation rejection instead.
Answer and explanation
Show the answer
Answer: B. After KSR v. Teleflex, the teaching-suggestion-motivation test is one possible rationale, not a rigid requirement. MPEP 2143 lists rationales, including combining prior art elements according to known methods to yield predictable results. The examiner must still explain the reasoning with some rational underpinning.
Where the rule lives
Read MPEP 2143 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
Timed AM/PM practice modeled on the Prometric test center.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
Continue this reading path
Practice question: evidence of unexpected resultsPractice question: anticipation under 35 U.S.C. 102
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Cite or share this entry
Patent Bar Practice Questions. “Practice question: obviousness after KSR.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/ksr-question/