Why do you say something is wrong and then start the next sentence with "If I recall correctly"? Obviously you do not know, otherwise you would not start with a disclaimer.

35 USC 103, which defines the standard for obviousness, states:

A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious

Prior art is needed because you need a starting point.

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• Obviousness vs. prior usage - Authored by: Anonymous on Tuesday, October 23 2012 @ 12:06 PM EDT