On July 21, 2009 Fitch Even partner Steve Parmelee gave a speech at the 2009 Patent Practice Update Program for the National Association of Patent Practitioners (NAPP) 2009 annual meeting in San Diego, California. While the Supreme Court’s KSR decision is more typically viewed as providing insights into obviousness-based challenges to patentability, Mr. Parmelee’s presentation explored the possibilities of applying KSR’s commentary in favor of establishing non-obviousness and hence patentability. Mr. Parmelee’s presentation paid specific attention to the use of such an approach when representing clients before the United States Patent and Trademark Office.