Common sense in patent law

The United States patents require that the item to be patented must be new and useful. But the question is that what is exactly being meant to be as new. Section 102 and 103 defines what is novel, nonobvious and patentable. The former section focuses on the claimed invention described by a single patent while the latter states that a patent may not be obtained if the differences between the subject matter would have been obvious at the time the invention was made to a person having ordinary skill in the art. Thus, "obviousness" is importantly be determined in obtaining such a patent and in litigation. Then, the Supreme Court changed the scope of patent law by disregarding the teaching, suggestion or motivation (TSM) test while allowing the person of ordinary skill to have a level of common sense. The Supreme Court stated the lower court not to prove obvious in a patent claim by just showing that the combination of elements was obvious to try.