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Ex Parte 6043741 et al

90009658 (P.T.A.B. Mar. 15, 2013)
Ex Parte 6043741 et al

18 Cited authorities

  1. Constant v. Advanced Micro-Devices, Inc.

    848 F.2d 1560 (Fed. Cir. 1988)   Cited 747 times   4 Legal Analyses
    Holding that evidence of routine business practice can be used to prove that a reference was accessible

  2. Cordis Corp. v. Boston Scientific Corp.

    561 F.3d 1319 (Fed. Cir. 2009)   Cited 271 times   8 Legal Analyses
    Holding that a reference was not prior art despite "distribution to a limited number of entities without a legal obligation of confidentiality" because it was not sufficiently publicly accessible

  3. Northern Telecom, Inc. v. Datapoint Corp.

    908 F.2d 931 (Fed. Cir. 1990)   Cited 179 times   1 Legal Analyses
    Holding that amendment made as of right under MPEP weighs against an inference of intent to deceive

  4. In re Klopfenstein

    380 F.3d 1345 (Fed. Cir. 2004)   Cited 77 times   18 Legal Analyses
    Holding that whether a reference is publicly accessible is based on the “facts and circumstances surrounding the reference's disclosure to members of the public”

  5. Carella v. Starlight Archery and Pro Line Co.

    804 F.2d 135 (Fed. Cir. 1986)   Cited 94 times   1 Legal Analyses
    In Carella v. Starlight Archery & Pro Line Co., 804 F.2d 135, 139 (Fed. Cir. 1986), the Federal Circuit recognized that the statutory language “known or used by others” in 35 U.S.C. § 102(a)

  6. In re Cronyn

    890 F.2d 1158 (Fed. Cir. 1989)   Cited 65 times   5 Legal Analyses
    Holding that a thesis presentation made to a handful of faculty and not catalogued or indexed in a "meaningful" way was not a printed publication

  7. IN RE WYER

    655 F.2d 221 (C.C.P.A. 1981)   Cited 61 times   7 Legal Analyses
    Holding laid-open Australian patent was a printed publication where microfilm copy was available to the public at patent office and abstract was published

  8. Massachusetts Institute of Technology v. AB Fortia

    774 F.2d 1104 (Fed. Cir. 1985)   Cited 42 times   6 Legal Analyses
    Holding paper distributed at conference publicly accessible without considering indexing

  9. Garrett Corporation v. United States

    422 F.2d 874 (Fed. Cir. 1970)   Cited 66 times   4 Legal Analyses
    Distributing documents "without restriction on use" constitutes publication

  10. Application of Bayer

    568 F.2d 1357 (C.C.P.A. 1978)   Cited 43 times   2 Legal Analyses
    Holding that a thesis housed, but neither shelved nor catalogued, within a university library was not publicly accessible

  11. 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."

  12. 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"

  13. 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"

  14. 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

  15. 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

  16. 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

  17. 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

  18. Section 1.510 - Request for ex parte reexamination

    37 C.F.R. § 1.510   Cited 29 times   9 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"