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Ex Parte 6841754 et al

95001979 (P.T.A.B. Oct. 31, 2017)
Ex Parte 6841754 et al

8 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,567 times   187 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. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  3. In re Thorpe

    777 F.2d 695 (Fed. Cir. 1985)   Cited 40 times   3 Legal Analyses
    Holding that prior art pertinent only to product is proper ground for rejecting product-by-process claims

  4. In re Marosi

    710 F.2d 799 (Fed. Cir. 1983)   Cited 37 times
    Holding that the patent "provided a general guideline and examples sufficient to enable a person of ordinary skill in the art to determine" a phrase of degree

  5. Johnson Johnson v. W.L. Gore Assoc.

    436 F. Supp. 704 (D. Del. 1977)   Cited 20 times
    In Johnson Johnson v. W.L. Gore Associates, Inc., 436 F. Supp. 704 (D.Del. 1977), the court rejected a laches defense despite some indication the alleged infringement had been occurring for many years prior to the institution of suit.

  6. Application of Fessmann

    489 F.2d 742 (C.C.P.A. 1974)   Cited 7 times

    Patent Appeal No. 9121. January 10, 1974. Edward W. Goldstein, Washington, D.C., attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for Commissioner of Patents, Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and ALMOND, Senior Judge. ALMOND, Senior Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's rejection, under 35

  7. Application of Pilkington

    411 F.2d 1345 (C.C.P.A. 1969)   Cited 9 times
    Noting that the product itself must be new

  8. 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