Where can you put Coffee Grounds and Honey that would be "Obvious To Try"? - In Re: Gee

The Federal Circuit in In Re: Gee upheld rejection of claims because they decided that a combination of coffee grounds and honey for Herpes Simplex Virus was obvious to try.

NOTE: Neither I nor my firm or successor firms, associates, wife, family, or blog are responsible for anything that occurs as a result of attempting to rub coffee grounds and honey on your Herpes sores. Personally I think it's a waste of coffee.

The combination of the known proposed treatments of coffee grounds and honey was "suspected to have synergistic effects". This was proposed to make it non-obvious- a "surprising result" that would make the combination patentably novel. However, merely asserting a belief in surprising qualities is not enough; a concrete "surprising result" would be required. Perhaps the patentee would have performed controlled double-blind studies showing a surprising synergy. In any case, they did not, and the claim rejections were affirmed.

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