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Obvious to whom? Patent law says it can't be obvious to a "person having ordinary skill in the art." But suppose a particular invention is obvious to two people, both of whom hold exceptional skill in the art, but is obvious to no one else. In that situation, you could have independent simultaneous invention, but the invention would still be patentable under U.S. law, and the patent would go to the first person to make it to the patent office.


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