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Arena Pharmaceuticals, Inc.

14 Cited authorities

  1. In re Donohue

    766 F.2d 531 (Fed. Cir. 1985)   Cited 85 times   1 Legal Analyses
    Holding that a non-enabled disclosure will not suffice as § 102 prior art

  2. In re Antor Media Corp.

    689 F.3d 1282 (Fed. Cir. 2012)   Cited 32 times   5 Legal Analyses

    No. 2011–1465. Reexamination Nos. 90/007,839 90/007,936 90/007,942 90/007,957 90/009,261. 2012-07-27 In re ANTOR MEDIA CORPORATION. Thomas A. Lewry, Brooks Kushman, P.C., of Southfield, Michigan, argued for appellant. With him on the brief was Thomas W. Cunningham. William Lamarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia. With him on the brief were Raymond T. Chen, Solicitor, and Robert J. McManus, Associate Solicitor. LOURIE

  3. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  4. In re Sasse

    629 F.2d 675 (C.C.P.A. 1980)   Cited 34 times   1 Legal Analyses
    Holding that when PTO cites disclosure that expressly discloses invention disclosed in patent application, applicant has the burden to show lack of an enabling disclosure

  5. Application of Samour

    571 F.2d 559 (C.C.P.A. 1978)   Cited 26 times   1 Legal Analyses
    Noting the rule in the § 103 context and declining to extend that rule to § 102(b) rejections

  6. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 29 times
    Concluding a compound was undisputedly taught in the prior art and then determining that additional limitations that merely "set forth the intended use for, or a property inherent in, an otherwise old composition . . . do not differentiate the claimed composition from those known to the prior art"

  7. Application of LeGrice

    301 F.2d 929 (C.C.P.A. 1962)   Cited 44 times

    Patent Appeals Nos. 6727, 6728. May 4, 1962. Rehearing Denied July 11, 1962. John H. Leonard, Cleveland, Ohio (Spencer B. Michael, Smith, Michael Gardiner, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (Joseph Schimmel, Washington, D.C., of counsel), for the Commission of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated

  8. Application of Wiggins

    488 F.2d 538 (C.C.P.A. 1973)   Cited 23 times   1 Legal Analyses

    Patent Appeal No. 8806. October 11, 1973. Janes Chapman, New York City, for appellants. Leland L. Chapman, John R. Janes, New York City, of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. ALMOND, Senior Judge. This is an appeal from the decision of the Patent Office Board of Appeals sustaining the examiner's rejection of claims

  9. Application of Jacobs

    50 C.C.P.A. 1316 (C.C.P.A. 1963)   Cited 15 times

    Patent Appeal No. 6973. June 10, 1963. Bernd W. Sandt and Frederick Schafer, Washington, D.C., for appellants. Clarence W. Moore, Washington D.C. (Joseph Schimmel, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. MARTIN, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 2 and 6 of appellants' application Ser. No. 671,131, filed July 11, 1957

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1029 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 189 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 99 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 - [Effective until 1/19/2025] 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