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Ex Parte 5819201 et al

90012382 (P.T.A.B. Jun. 25, 2014)
Ex Parte 5819201 et al

7 Cited authorities

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

    35 U.S.C. § 103   Cited 6,061 times   453 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."

  2. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,941 times   957 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  3. Section 302 - Request for reexamination

    35 U.S.C. § 302   Cited 180 times   8 Legal Analyses
    Noting that a request for a reexamination must set forth the pertinency and manner of applying the prior art to the patent at issue

  4. 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

  5. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  6. Section 1.550 - Conduct of ex parte reexamination proceedings

    37 C.F.R. § 1.550   Cited 32 times   2 Legal Analyses
    Discussing limited involvement of requester and third parties in re-examination proceedings

  7. Section 1.510 - Request for ex parte reexamination

    37 C.F.R. § 1.510   Cited 29 times   8 Legal Analyses
    Providing that where ex parte reexamination request does not meet requirements, requester is "generally...given an opportunity to complete the request within a specified time"