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Alice O'Donnell Kiely

2020002962 (P.T.A.B. May. 19, 2021)
Alice O'Donnell Kiely

14 Cited authorities

  1. Orthokinetics, Inc. v. Safety Travel Chairs

    806 F.2d 1565 (Fed. Cir. 1986)   Cited 252 times
    Holding that the limitation that the claimed wheelchair have a "front leg portion . . . so dimensioned as to be insertable through the space between the doorframe of an automobile and one of the seats thereof" was not indefinite

  2. Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp.

    831 F.3d 1350 (Fed. Cir. 2016)   Cited 75 times   10 Legal Analyses
    Holding that a patent specification's listing of components not listed in a Markush group was insufficient to overcome the presumption created by "consisting of" claim language

  3. Abbott Lab. v. Baxter Pharmaceutical

    334 F.3d 1274 (Fed. Cir. 2003)   Cited 94 times   6 Legal Analyses
    Holding that the customary usage of "effective amount" was an amount sufficient to achieve the claimed effect

  4. Application of Wertheim

    541 F.2d 257 (C.C.P.A. 1976)   Cited 81 times   7 Legal Analyses
    Holding that "[i]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others"

  5. In re McDaniel

    293 F.3d 1379 (Fed. Cir. 2002)   Cited 28 times   3 Legal Analyses
    Noting "the Board is free to select a single claim from each group of claims subject to a common ground of rejection as representative of all claims in that group and to decide the appeal of that rejection based solely on the selected representative claim" in the absence of a clear statement asserting separate patentability of the claims

  6. Application of Giolito

    530 F.2d 397 (C.C.P.A. 1976)   Cited 2 times

    Patent Appeal No. 75-612. February 12, 1976. Daniel S. Ortiz, atty. of record, Dobbs Ferry, N.Y., for appellants. Richard P. Fennelly, Paul J. Juettner, Dobbs Ferry, N Y, Lloyd L. Mahone, Westport, Conn., Charles B. Rodman, Dobbs Ferry, N.Y., Robert C. Sullivan, New York City, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Board of Appeals of the United States Patent Office. Before MARKEY, Chief Judge

  7. Application of Schechter

    205 F.2d 185 (C.C.P.A. 1953)   Cited 11 times

    Patent Appeal No. 5935. June 3, 1953. T.A. Seegrist, Washington, D.C. (L.M. Mantell, Washington, D.C., of counsel), for appellants. E.L. Reynolds, Washington, D.C. (J. Schimmel, Washington, D.C., of counsel), for Commissioner of Patents. Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Judges. JOHNSON, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner in finally rejecting claims

  8. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  9. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,129 times   479 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  12. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  14. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and