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BETA INNOV

14399336 - (D) (P.T.A.B. Jun. 12, 2020)
BETA INNOV

10 Cited authorities

  1. Takeda Chemical v. Alphapharm

    492 F.3d 1350 (Fed. Cir. 2007)   Cited 153 times   5 Legal Analyses
    Holding the invention not obvious to try because the prior art disclosed a broad selection of compounds that an ordinarily skilled artisan could have selected for further investigation

  2. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  3. In re Dillon

    919 F.2d 688 (Fed. Cir. 1990)   Cited 69 times   6 Legal Analyses
    Finding a prima facie case of obviousness where the prior art tri-orthoester compound was found to be equivalent to the claimed tetra-orthoester compound and the use of the tri-orthoester as a fuel additive was expected to produce essentially the same result as the use of the tetra-orthoester

  4. In re Deuel

    51 F.3d 1552 (Fed. Cir. 1995)   Cited 52 times   5 Legal Analyses
    Commenting that scholars have been critical of Deuel, which "overly favored patent applicants in biotech by adopting an overly lax nonobviousness standard." ( citing Anita Varma David Abraham, DNA Is Different: Legal Obviousness and the Balance Between Biotech Inventors and the Market, 9 Harv. J.L. Tech. 53 (1996))

  5. In re Jones

    958 F.2d 347 (Fed. Cir. 1992)   Cited 28 times
    Reversing the prima facie obviousness finding because of the "lack of close similarity of structure"

  6. In re Grabiak

    769 F.2d 729 (Fed. Cir. 1985)   Cited 19 times

    Appeal No. 84-1718. Decided: August 9, 1985. J. Timothy Keane, Monsanto Company, of St. Louis, Mo., argued for appellants. Richard H. Shear, Monsanto Company, was on the brief. Fred W. Sherling, U.S. Patent Trademark Office, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., and Harris A. Pitlick, Associate Sol., Washington, D.C. Appeal from the Patent and Trademark Office Board of Appeals. Before FRIEDMAN, NIES, and NEWMAN

  7. In re Lalu

    747 F.2d 703 (Fed. Cir. 1984)   Cited 14 times
    Finding two cases about a different legal issue and with different facts contained dicta that "[wa]s helpful as a guide"

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

    35 U.S.C. § 103   Cited 6,130 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."

  9. 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

  10. 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