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Ex Parte 6,794,634 et al

95000604 (P.T.A.B. Sep. 10, 2015)
Ex Parte 6,794,634 et al

43 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 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 3,154 times   50 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.

    340 U.S. 147 (1950)   Cited 982 times   1 Legal Analyses
    Holding obvious a combination of old elements which perform the same function in combination and individually

  4. United States v. Adams

    383 U.S. 39 (1966)   Cited 478 times   5 Legal Analyses
    Finding that one of ordinary skill in the art would have to ignore long-accepted factors in the field of wet batters to arrive at the claimed invention

  5. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 370 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

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

    212 F.3d 1272 (Fed. Cir. 2000)   Cited 373 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”

  7. Superguide Corp. v. Directv Enterprises

    358 F.3d 870 (Fed. Cir. 2004)   Cited 294 times   12 Legal Analyses
    Holding that a party "waived its right to assert a construction other than 'matches or equals' for the term 'meet'" because it agreed to that construction in its briefs

  8. Stratoflex, Inc. v. Aeroquip Corp.

    713 F.2d 1530 (Fed. Cir. 1983)   Cited 480 times   12 Legal Analyses
    Finding evidence of nonobviousness in the "[r]ecognition and acceptance of patent by competitors who take licenses under it"

  9. Wyers v. Master Lock Co.

    616 F.3d 1231 (Fed. Cir. 2010)   Cited 205 times   7 Legal Analyses
    Holding that a motivation to combine and a reasonable expectation of success exist when "it is simply a matter of common sense" to combine known elements of the prior art to solve a known problem

  10. Midwest Industries, v. Karavan Trailers

    175 F.3d 1356 (Fed. Cir. 1999)   Cited 274 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

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

    35 U.S.C. § 103   Cited 6,056 times   449 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 1 - Establishment

    35 U.S.C. § 1   Cited 506 times   15 Legal Analyses
    Noting that Congress did not intend to change these "narrowing interpretations"

  13. Section 41.79 - Rehearing

    37 C.F.R. § 41.79   Cited 5 times

    (a) Parties to the appeal may file a request for rehearing of the decision within one month of the date of: (1) The original decision of the Board under § 41.77(a) , (2) The original § 41.77(b) decision under the provisions of § 41.77(b)(2) , (3) The expiration of the time for the owner to take action under § 41.77(b)(2) , or (4) The new decision of the Board under § 41.77(f) . (b) (1) The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked

  14. Section 90.1 - Scope

    37 C.F.R. § 90.1   Cited 2 times

    The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311 , and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012. 37 C.F.R. §90.1

  15. Section 1.248 - Service of papers; manner of service; proof of service in cases other than interferences and trials

    37 C.F.R. § 1.248

    (a) Service of papers must be on the attorney or agent of the party if there be such or on the party if there is no attorney or agent, and may be made in any of the following ways: (1) By delivering a copy of the paper to the person served; (2) By leaving a copy at the usual place of business of the person served with someone in his employment; (3) When the person served has no usual place of business, by leaving a copy at the person's residence, with some person of suitable age and discretion who