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Ex Parte 6202052 et al

90006713 (B.P.A.I. Jul. 31, 2007)
Ex Parte 6202052 et al

14 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,572 times   188 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,188 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Amgen Inc. v. Hoechst Marion Roussel, Inc.

    314 F.3d 1313 (Fed. Cir. 2003)   Cited 508 times   14 Legal Analyses
    Holding that “non-naturally occurring” and “not isolated” were structural elements defining the source of the claimed material, rather than steps for obtaining it

  4. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 397 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  5. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 345 times   43 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  6. Verdegaal Bros., v. Union Oil Co. of Calif

    814 F.2d 628 (Fed. Cir. 1987)   Cited 138 times   2 Legal Analyses
    Holding reliance on non-claimed distinction between prior art method and claimed method "inappropriate" and insufficient to save the claim from inherent anticipation

  7. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 73 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

  8. Application of Wiggins

    488 F.2d 538 (C.C.P.A. 1973)   Cited 23 times   1 Legal Analyses

    Patent Appeal No. 8806. October 11, 1973. Janes Chapman, New York City, for appellants. Leland L. Chapman, John R. Janes, New York City, of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. ALMOND, Senior Judge. This is an appeal from the decision of the Patent Office Board of Appeals sustaining the examiner's rejection of claims

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,413 times   1065 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

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

    35 U.S.C. § 103   Cited 6,169 times   492 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."

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,025 times   1027 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  12. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  13. 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

  14. 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