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Ex Parte 6923387 et al

90013791 (P.T.A.B. May. 24, 2018)
Ex Parte 6923387 et al

11 Cited authorities

  1. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 208 times   2 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

  2. Seattle Box Co. v. Indus. Crating Packing

    731 F.2d 818 (Fed. Cir. 1984)   Cited 232 times   3 Legal Analyses
    Holding that "[a]n original patent cannot be infringed once a reissue patent has issued, for the original patent is surrendered" and "[t]he original claims are dead"

  3. Union Carbide Corp. v. American Can Co.

    724 F.2d 1567 (Fed. Cir. 1984)   Cited 180 times   3 Legal Analyses
    Holding that prior art references and patented invention were easily understandable without expert testimony

  4. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 87 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  5. In re Gurley

    27 F.3d 551 (Fed. Cir. 1994)   Cited 100 times   3 Legal Analyses
    Upholding obviousness finding where patent was directed to one of two alternative resins disclosed in prior art reference, even though reference described claimed resin as "inferior."

  6. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 26 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill

  7. In re Mraz

    455 F.2d 1069 (C.C.P.A. 1972)   Cited 18 times

    March 9, 1972. Albert L. Ely, Jr., Cleveland, Ohio (Ely, Golrick Flynn, Cleveland, Ohio), attys. of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; John W. Dewhirst, Washington, D.C., of counsel. Appealed from Court of Customs and Patent Appeals, Rich, Judge. Before RICH, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation. RICH Judge. This appeal is from the decision of the Patent Office Board of

  8. Application of Aslanian

    590 F.2d 911 (C.C.P.A. 1979)   Cited 6 times
    Explaining that in determining obviousness, all references are assessed "on the basis of what they reasonably disclose and suggest to one skilled in the art" (quoting In re Baum , 374 F.2d 1004, 1009 (CCPA 1967) )

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

    35 U.S.C. § 103   Cited 6,065 times   461 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   960 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. 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