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Style over substance – embellishing an argument with compelling language, exploiting a bias towards the esthetic qualities of an argument, e.g. the rhyme-as-reason effect [85] Wishful thinking – arguing for a course of action by the listener according to what might be pleasing to imagine rather than according to evidence or reason. [86]
Federal Circuit agreed with the district court that U.S. Patent No. 6,631,400 was invalid due to the obvious nature of the claims, holding that an KSR-style obviousness analysis may include recourse to logic, judgment, and common sense available to an ordinary person when its reasoning is sufficiently articulated. Court membership; Judges sitting
Sometimes a speaker or writer uses a fallacy intentionally. In any context, including academic debate, a conversation among friends, political discourse, advertising, or comedic purposes, the arguer may use fallacious reasoning to try to persuade the listener or reader, by means other than offering relevant evidence, that the conclusion is true.
On April 30, 2007, the Supreme Court unanimously reversed the judgment of the Federal Circuit, holding that the disputed claim 4 of the patent was obvious under the requirements of 35 U.S.C. §103, and that in "rejecting the District Court’s rulings, the Court of Appeals analyzed the issue in a narrow, rigid manner inconsistent with §103 and our precedents," referring to the Federal Circuit ...
These paradoxes may be due to fallacious reasoning , or an unintuitive solution . The term paradox is often used to describe a counter-intuitive result. However, some of these paradoxes qualify to fit into the mainstream viewpoint of a paradox, which is a self-contradictory result gained even while properly applying accepted ways of reasoning .
In fields where advances are typically obtained by experimentation, an "obvious to try" test may be taken into consideration in the fourth step of the obviousness inquiry. The Supreme Court stated that if an "obvious to try" test is warranted, the following non-exclusive factors may be relevant:
In logic and philosophy, a formal fallacy [a] is a pattern of reasoning rendered invalid by a flaw in its logical structure. Propositional logic, [2] for example, is concerned with the meanings of sentences and the relationships between them. It focuses on the role of logical operators, called propositional connectives, in determining whether a ...
Proof by intimidation (or argumentum verbosum) is a jocular phrase used mainly in mathematics to refer to a specific form of hand-waving whereby one attempts to advance an argument by giving an argument loaded with jargon and obscure results or by marking it as obvious or trivial. [1]