490. Evidence as to the invention.

490.     Evidence as to the invention.

Evidence that the opinion generally received before the alleged invention was made was that success could not be attained by the methods adopted by the inventor is permissible and is often relied on to establish inventiveness1, as is evidence directed to explain the nature of the advance made, and the difference between the problem dealt with, the conditions obtaining, or the means employed, in the patentee's invention and in the alleged anticipations. Surprise among those in the industry concerned, either at the time the invention was made or subsequently, that the