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Ex Parte 6520642 et al

90012067 (P.T.A.B. Dec. 30, 2013)
Ex Parte 6520642 et al

16 Cited authorities

  1. Advanced Display Systems, Inc. v. Kent State University

    212 F.3d 1272 (Fed. Cir. 2000)   Cited 381 times   5 Legal Analyses
    Holding that the objective evidence supported an obviousness finding where others had “tried for a long time” to develop the claimed invention but found it “very hard” and “were all not successful”

  2. Stratoflex, Inc. v. Aeroquip Corp.

    713 F.2d 1530 (Fed. Cir. 1983)   Cited 483 times   12 Legal Analyses
    Finding evidence of nonobviousness in the "[r]ecognition and acceptance of patent by competitors who take licenses under it"

  3. Midwest Industries, v. Karavan Trailers

    175 F.3d 1356 (Fed. Cir. 1999)   Cited 279 times   3 Legal Analyses
    Holding en banc that Federal Circuit law governs question of whether patent law conflicts with trade dress action under § 43 of the Lanham Act or preempts such an action under state law

  4. Al-Site Corp. v. VSI International, Inc.

    174 F.3d 1308 (Fed. Cir. 1999)   Cited 276 times   1 Legal Analyses
    Holding that although the claim elements "eyeglass hanger member" and "eyeglass contacting member" include a function, these claim elements do not invoke 35 U.S.C. 112, sixth paragraph because the claims themselves contain sufficient structural limitations for performing these functions

  5. Iron Grip Barbell Co. v. USA Sports, Inc.

    392 F.3d 1317 (Fed. Cir. 2004)   Cited 138 times   12 Legal Analyses
    Noting that licenses "may constitute evidence of nonobviousness; however, only little weight can be attributed to such evidence if the patentee does not demonstrate a nexus between the merits of the invention and the licenses of record" (quoting In re GPAC Inc. , 57 F.3d 1573, 1580 (Fed. Cir. 1995) )

  6. Geo M. Martin Co. v. Alliance Machine Systems International LLC

    618 F.3d 1294 (Fed. Cir. 2010)   Cited 68 times   1 Legal Analyses
    Providing that evidence of commercial success "carries little weight" where it may be ascribed to "pre-existing market share"

  7. Cable Elec. Products, Inc. v. Genmark, Inc.

    770 F.2d 1015 (Fed. Cir. 1985)   Cited 135 times   2 Legal Analyses
    Holding on summary judgment that even though commercial success could be deduced, it deserved no weight because a nexus was not established

  8. Akamai Tech. v. Cable Wireless Int. Serv

    344 F.3d 1186 (Fed. Cir. 2003)   Cited 74 times   1 Legal Analyses
    Describing “caching,” “mirroring,” and “redirection” as innovations designed to alleviate congestion in an origin server

  9. Concrete Appliances Co. v. Gomery

    269 U.S. 177 (1925)   Cited 128 times   1 Legal Analyses
    Finding a simultaneous invention made one year prior to be strong evidence of what constitutes the level of ordinary skill in the art as it was “[i]ndependently made, simultaneous inventions, made ‘within a comparatively short space of time,” and therefore “persuasive evidence the claimed apparatus ‘was the product only of ordinary mechanical or engineering skill.’ ”

  10. Application of Gershon

    372 F.2d 535 (C.C.P.A. 1967)   Cited 10 times   2 Legal Analyses

    Patent Appeal No. 7722. February 16, 1967. Eben M. Graves, Allen G. Weise, New York City, for appellants. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming final rejection

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,422 times   1069 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

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

    35 U.S.C. § 103   Cited 6,174 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."

  13. 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

  14. 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

  15. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  16. 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