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Ex Parte 6,080,330 et al

90011713 (P.T.A.B. May. 30, 2014)
Ex Parte 6,080,330 et al

10 Cited authorities

  1. Tokai Corp v. Easton Enterprises, Inc.

    632 F.3d 1358 (Fed. Cir. 2011)   Cited 147 times   1 Legal Analyses
    Holding that regional circuit law governs the decision to exclude evidence

  2. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  3. 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

  4. Beloit Corp. v. Valmet Oy

    742 F.2d 1421 (Fed. Cir. 1984)   Cited 24 times   4 Legal Analyses
    Noting we do not "sit to review what the Commission has not decided"

  5. Application of Preda

    401 F.2d 825 (C.C.P.A. 1968)   Cited 5 times   1 Legal Analyses

    Patent Appeal No. 8016. October 24, 1968. Wenderoth, Lind Ponack, A. Ponak, Washington, D.C. (John T. Miller, Washington, D.C., of counsel) for appellant. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge and RICH, SMITH, ALMOND, and BALDWIN, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 7 and 8 of application serial No. 269,707

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,283 times   1029 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

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

    35 U.S.C. § 103   Cited 6,061 times   459 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."

  8. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,941 times   958 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. Section 305 - Conduct of reexamination proceedings

    35 U.S.C. § 305   Cited 173 times   12 Legal Analyses
    Noting that "reexamination will be conducted according to the procedures established for initial examination under the provisions of Sections 132 and 133"

  10. 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