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Carlos A. Cruz et al.

14933847 - (D) (P.T.A.B. Oct. 29, 2019)
Carlos A. Cruz et al.

6 Cited authorities

  1. Yeda Research & Dev. Co. v. Abbott GMBH & Co.

    837 F.3d 1341 (Fed. Cir. 2016)   Cited 9 times   1 Legal Analyses

    2015–1662 2015–1663 09-20-2016 Yeda Research and Development Co., Ltd., Plaintiff–Appellant v. Abbott GMBH & Co. KG, Defendant–Appellee Abbott GMBH & Co. KG, Plaintiff–Appellee v. Yeda Research and Development Co., Ltd., Defendant–Appellant Matthew Nielsen, Marshall, Gerstein & Borun LLP, Chicago, IL, argued for plaintiff-appellant/defendant-appellant. Also represented by Kevin M. Flowers, Amanda Antons; Roger L. Browdy, Ronni Jillions, Browdy and Neimark PLLC, Washington, DC. James Richard Ferguson

  2. Kennecott Corp. v. Kyocera Intern., Inc.

    835 F.2d 1419 (Fed. Cir. 1987)   Cited 30 times   1 Legal Analyses
    In Kennecott, where the term "equiaxed microstructure" was expressly used to describe an invention for the first time in a CIP, the CIP was entitled to the benefit of the filing date of the parent patent because the description was inherent in the structure produced in the original parent patent.

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

    35 U.S.C. § 103   Cited 6,154 times   485 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."

  4. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"

  5. 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

  6. 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