A safe harbor where a patent has the best chance of survival in a litigation storm is only established by dividing the preparation of a patent application into two separate categories: the recognition of the new result and the presentation of the new result throughout the patent application. The two famous cases of Great Atlantic and Pacific Tea Co. v. Supermarket Equipment Corp. and Graham v. John Deere Co. illustrate how the implementation of recognition and presentation might have prevented litigation or saved the patents.
Hal Milton, Recognition and Presentation of a “New Result” to Reach a Safe Harbor, 10 J. Marshall Rev. Intell. Prop. L. 583 (2011)