United States Code · Section

§ 103 — Conditions For Patentability; Non-obvious Subject Matter

35 U.S.C. § 103

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A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

35 U.S.C. § 102 35 U.S.C. § 104

Implementing Regulations

§ 1.104 Nature of examination.
37 C.F.R. § 1.104
§ 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art.
37 C.F.R. § 1.131