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Ex Parte 5162666 et al

90005384 (B.P.A.I. Jul. 14, 2005)
Ex Parte 5162666 et al

34 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. Stratoflex, Inc. v. Aeroquip Corp.

    713 F.2d 1530 (Fed. Cir. 1983)   Cited 483 times   12 Legal Analyses
    Finding evidence of nonobviousness in the "[r]ecognition and acceptance of patent by competitors who take licenses under it"

  3. Texas Instruments v. U.S. Intl. Trade Com'n

    988 F.2d 1165 (Fed. Cir. 1993)   Cited 272 times   1 Legal Analyses
    Holding that " 'whereby' clause that merely states the result of the limitations in the claim adds nothing to the patentability or substance of the claim."

  4. Marconi Wireless Co. v. U.S.

    320 U.S. 1 (1943)   Cited 306 times   2 Legal Analyses
    Holding a district "court [does] not lack power at any time prior to entry of its final judgment ... to reconsider any portion of its decision"

  5. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 168 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  6. Genentech, Inc. v. Chiron Corp.

    112 F.3d 495 (Fed. Cir. 1997)   Cited 137 times
    Holding that in construing the count, the court "must look at the language as a whole and consider the grammatical structure and syntax"

  7. McGinley v. Franklin Sports, Inc.

    262 F.3d 1339 (Fed. Cir. 2001)   Cited 116 times
    Affirming identification of corresponding structure as including "egg-shaped indicia having `a slight taper at the portion of each indicia situated closest to the palm of the hand, and any equivalents of such structure'"

  8. Demaco Corp. v. F. Von Langsdorff Licensing

    851 F.2d 1387 (Fed. Cir. 1988)   Cited 169 times   2 Legal Analyses
    Holding that patentee bears the burden of proving a nexus between claimed secondary considerations and the merits of the patented invention

  9. In re Watts

    354 F.3d 1362 (Fed. Cir. 2004)   Cited 86 times   3 Legal Analyses
    Holding patent holder waived new argument on the scope of the prior art never raised to the PTAB

  10. Cable Elec. Products, Inc. v. Genmark, Inc.

    770 F.2d 1015 (Fed. Cir. 1985)   Cited 135 times   2 Legal Analyses
    Holding on summary judgment that even though commercial success could be deduced, it deserved no weight because a nexus was not established

  11. Section 100 - Definitions

    35 U.S.C. § 100   Cited 624 times   101 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"

  12. Section 312 - Petitions

    35 U.S.C. § 312   Cited 131 times   122 Legal Analyses
    Governing inter partes reexamination

  13. Section 303 - Determination of issue by Director

    35 U.S.C. § 303   Cited 123 times   24 Legal Analyses
    Governing ex parte reexamination

  14. 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

  15. Section 306 - Appeal

    35 U.S.C. § 306   Cited 42 times   1 Legal Analyses
    Providing that a petitioner can appeal adverse decisions to the Federal Circuit after reexaminations are complete

  16. Section 5 - Patent and Trademark Office Public Advisory Committees

    35 U.S.C. § 5   Cited 8 times   2 Legal Analyses

    (a) ESTABLISHMENT OF PUBLIC ADVISORY COMMITTEES.- (1) APPOINTMENT.-The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on

  17. Section 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   14 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057 , Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the

  18. Section 1.98 - [Effective until 1/19/2025] Content of information disclosure statement

    37 C.F.R. § 1.98   Cited 42 times   6 Legal Analyses
    Requiring an applicant to provide the "date" for each publication listed in an IDS

  19. Section 1.555 - [Effective 1/19/2025] Information material to patentability in ex parte reexamination and inter partes reexamination proceedings

    37 C.F.R. § 1.555   Cited 24 times   13 Legal Analyses
    Detailing the duty of disclosure

  20. 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)