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Euro-Pro Operation LLC v. Acorne Enterprises, LLC

10047678 (P.T.A.B. Jul. 9, 2015)
Euro-Pro Operation LLC v. Acorne Enterprises, LLC

24 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,576 times   189 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Sakraida v. Ag Pro, Inc.

    425 U.S. 273 (1976)   Cited 238 times   1 Legal Analyses
    Holding that a combination is obvious if a patent "simply arranges old elements with each performing the same function it had been known to perform" and yields predictable results

  3. Wyers v. Master Lock Co.

    616 F.3d 1231 (Fed. Cir. 2010)   Cited 208 times   7 Legal Analyses
    Holding that a motivation to combine and a reasonable expectation of success exist when "it is simply a matter of common sense" to combine known elements of the prior art to solve a known problem

  4. In re O'Farrell

    853 F.2d 894 (Fed. Cir. 1988)   Cited 168 times   9 Legal Analyses
    Finding patent obvious where the prior art provided a "reasonable expectation of success"

  5. Innovention Toys, LLC v. MGA Entertainment, Inc.

    637 F.3d 1314 (Fed. Cir. 2011)   Cited 84 times   1 Legal Analyses
    Finding a reference analogous if it logically would have commended itself to an inventor's attention in considering his problem

  6. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   2 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  7. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 85 times   8 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  8. In re Bigio

    381 F.3d 1320 (Fed. Cir. 2004)   Cited 71 times   10 Legal Analyses
    Affirming conclusion that toothbrush and small hair brush were in same field of endeavor because "the structural similarities between toothbrushes and small brushes for hair would have led one of ordinary skill in the art working in the specific field of hairbrushes to consider all similar brushes including toothbrushes"

  9. In re Etter

    756 F.2d 852 (Fed. Cir. 1985)   Cited 121 times   1 Legal Analyses
    Noting that whether one prior art reference can be incorporated into another is "basically irrelevant."

  10. In re Clay

    966 F.2d 656 (Fed. Cir. 1992)   Cited 88 times   10 Legal Analyses
    Concluding that a reference was not reasonably pertinent where a PHOSITA "would not reasonably have expected to solve the [relevant] problem ... by considering" that reference

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,422 times   1069 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

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

    35 U.S.C. § 103   Cited 6,174 times   493 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."

  13. Section 316 - Conduct of inter partes review

    35 U.S.C. § 316   Cited 298 times   314 Legal Analyses
    Stating that "the petitioner shall have the burden of proving a proposition of unpatentability"

  14. 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"

  15. Section 318 - Decision of the Board

    35 U.S.C. § 318   Cited 163 times   140 Legal Analyses
    Governing the incorporation of claims added via the operation of § 316(d)

  16. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 192 times   75 Legal Analyses
    Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

  17. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 18 times   62 Legal Analyses
    Regarding judgments

  18. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   Cited 1 times   3 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,