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Ex Parte 5830237 et al

90009268 (B.P.A.I. Sep. 30, 2011)
Ex Parte 5830237 et al

7 Cited authorities

  1. OHIO WILLOW WOOD COMPANY v. DAW INDUSTRIES, INC.

    Case No. 2:04-cv-1222 (S.D. Ohio Feb. 22, 2006)   Cited 3 times

    Case No. 2:04-cv-1222. February 22, 2006 OPINION AND ORDER GREGORY FROST, District Judge This is a patent infringement case involving The Ohio Willow Wood Company ("OWW") and Daw Industries, Incorporated ("Daw"). As part of that litigation, the parties have requested that the Court construe various patent language pursuant to Markman v. Westview Instruments, Incorporated, 517 U.S. 370 (1996). This claims-construction decision serves that function. I. Background Given the procedural posture of this

  2. In re Reuter

    670 F.2d 1015 (C.C.P.A. 1981)   Cited 25 times   1 Legal Analyses

    Appeal No. 80-604. June 18, 1981. Joseph F. Nakamura, Sol., Thomas E. Lynch, Associate Sol., Washington, D.C., for Patent and Trademark Office. Frederick A. Zoda, Trenton, N.J., atty., for appellants. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MILLER, Judge. This appeal is from a decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") which affirmed the examiner's rejections of claims

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

    35 U.S.C. § 103   Cited 6,173 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."

  4. 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

  5. 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

  6. 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

  7. 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