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Ex Parte 6831994 et al

95000529 (P.T.A.B. Feb. 26, 2013)
Ex Parte 6831994 et al

20 Cited authorities

  1. WMS Gaming Inc. v. International Game Technology

    184 F.3d 1339 (Fed. Cir. 1999)   Cited 536 times   7 Legal Analyses
    Holding that district court correctly determined structure was "an algorithm executed by a computer," but "erred by failing to limit the claim to the algorithm disclosed in the specification"

  2. Aristocrat Tech v. Intern. Game

    521 F.3d 1328 (Fed. Cir. 2008)   Cited 324 times   18 Legal Analyses
    Holding that in cases involving means-plus-function claims where structure is "a computer, or microprocessor, programmed to carry out an algorithm," specification must disclose corresponding algorithm to be sufficiently definite

  3. Bicon, Inc. v. Straumann Co.

    441 F.3d 945 (Fed. Cir. 2006)   Cited 328 times   3 Legal Analyses
    Holding a patent claim construction that reads limitations out of a claim is "contrary to the principle that claim language should not [be] treated as meaningless"

  4. Schumer v. Laboratory Computer Systems

    308 F.3d 1304 (Fed. Cir. 2002)   Cited 254 times
    Holding that the preambles at issue — "point of origin," "angle of rotation," and "scale" — did not limit the scope of the digitizer invention but simply described features that necessarily exit in any coordinate system for a digitizer

  5. Eaton Corp. v. Rockwell Intern. Corp.

    323 F.3d 1332 (Fed. Cir. 2003)   Cited 191 times   3 Legal Analyses
    Holding that preamble limited claim where claim referred to “said vehicle master clutch” and “said drive train” and those terms were described in the preamble

  6. In re Donaldson Co., Inc.

    16 F.3d 1189 (Fed. Cir. 1994)   Cited 206 times   6 Legal Analyses
    Holding that 35 U.S.C. § 112 ¶ 6, which limits means-plus-function claims to the structures described in the specification and their equivalents, "applies regardless of the context in which the interpretation of means-plus-function language arises, i.e., whether as part of a patentability determination in the PTO or as part of a validity or infringement determination in a court"

  7. In re Alappat

    33 F.3d 1526 (Fed. Cir. 1994)   Cited 82 times   17 Legal Analyses
    Holding that claims directed to a specially-programmed computer—a “specific machine to produce a useful, concrete, and tangible result”—are directed to patent eligible subject matter

  8. SRI International, Inc. v. Internet Security Systems, Inc.

    511 F.3d 1186 (Fed. Cir. 2008)   Cited 53 times   10 Legal Analyses
    Holding that paper on FTP website, while publicly available, was not publicly accessible because it was “not catalogued or indexed in a meaningful way”

  9. In re Hall

    781 F.2d 897 (Fed. Cir. 1986)   Cited 93 times   4 Legal Analyses
    Holding "that competent evidence of the general library practice may be relied upon to establish an approximate time when a thesis became accessible"

  10. Bruckelmyer v. Ground Heaters, Inc.

    445 F.3d 1374 (Fed. Cir. 2006)   Cited 38 times   3 Legal Analyses
    Holding that figures within the prosecution history file in the Canadian patent office but not part of the issued patent were publicly accessible and thus a printed publication

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,277 times   1023 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 6,055 times   447 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,937 times   944 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 397 times   186 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  15. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 370 times   625 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  16. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  17. Section 41.77 - Decisions and other actions by the Board

    37 C.F.R. § 41.77   Cited 16 times   3 Legal Analyses

    (a) The Patent Trial and Appeal Board, in its decision, may affirm or reverse each decision of the examiner on all issues raised on each appealed claim, or remand the reexamination proceeding to the examiner for further consideration. The reversal of the examiner's determination not to make a rejection proposed by the third party requester constitutes a decision adverse to the patentability of the claims which are subject to that proposed rejection which will be set forth in the decision of the Patent

  18. 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

  19. Section 1.956 - Patent owner extensions of time in inter partes reexamination

    37 C.F.R. § 1.956   Cited 1 times

    The time for taking any action by a patent owner in an inter partes reexamination proceeding will be extended only for sufficient cause and for a reasonable time specified. Any request for such extension must be filed on or before the day on which action by the patent owner is due, but in no case will the mere filing of a request effect any extension. Any request for such extension must be accompanied by the petition fee set forth in § 1.17(g) . See § 1.304(a) for extensions of time for filing a

  20. Section 1.943 - Requirements of responses, written comments, and briefs in inter partes reexamination

    37 C.F.R. § 1.943

    (a) The form of responses, written comments, briefs, appendices, and other papers must be in accordance with the requirements of § 1.52 . (b) Responses by the patent owner and written comments by the third party requester shall not exceed 50 pages in length, excluding amendments, appendices of claims, and reference materials such as prior art references. (c) Appellant's briefs filed by the patent owner and the third party requester shall not exceed thirty pages or 14,000 words in length, excluding