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David Trachy

10 Cited authorities

  1. Dickinson & Co. v. Tyco Healthcare Grp., LP

    616 F.3d 1249 (Fed. Cir. 2010)   Cited 210 times   1 Legal Analyses
    Holding "hinged arm" could not be connected to itself

  2. Microsoft Corp. v. Proxyconn, Inc.

    789 F.3d 1292 (Fed. Cir. 2015)   Cited 94 times   32 Legal Analyses
    Finding that the Board's construction of key claim terms was unreasonably broad in light of the broadest reasonable interpretation standard, and on that basis vacating and remanding the Board's finding of unpatentability

  3. Aqua Prods., Inc. v. Matal

    872 F.3d 1290 (Fed. Cir. 2017)   Cited 82 times   62 Legal Analyses
    Addressing whether the language of § 316(e), which all conceded applied to challenged claims, "applies equally to proposed substitute claims"

  4. Application of Schneller

    397 F.2d 350 (C.C.P.A. 1968)   Cited 18 times

    Patent Appeal No. 7883. June 27, 1968. Rehearing Denied October 10, 1968. Robert F. Hause, Buffalo, N.Y. (James W. Dent, Washington, D.C., of counsel), for appellant. Joseph Schimmel, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and Judges RICH, SMITH, ALMOND and KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. RICH, Judge. This appeal is from a decision of the Patent Office

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

    35 U.S.C. § 103   Cited 6,133 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."

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,005 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. 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"

  8. 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

  9. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  10. 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)