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Ex Parte 7,120,462 et al

95002075 (P.T.A.B. Jul. 2, 2018)
Ex Parte 7,120,462 et al

14 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,544 times   185 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. Advanced Display Systems, Inc. v. Kent State University

    212 F.3d 1272 (Fed. Cir. 2000)   Cited 379 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”

  3. Tokai Corp v. Easton Enterprises, Inc.

    632 F.3d 1358 (Fed. Cir. 2011)   Cited 148 times   1 Legal Analyses
    Holding that regional circuit law governs the decision to exclude evidence

  4. Power-One Inc. v. Artesyn Technologies, Inc.

    599 F.3d 1343 (Fed. Cir. 2010)   Cited 145 times   3 Legal Analyses
    Finding that a claim is not indefinite if "the meaning of the claim is discernible, even though the task may be formidable and the conclusions may be one over which reasonable persons will disagree."

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

    392 F.3d 1317 (Fed. Cir. 2004)   Cited 132 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. Akamai Tech. v. Cable Wireless Int. Serv

    344 F.3d 1186 (Fed. Cir. 2003)   Cited 72 times   1 Legal Analyses
    Describing “caching,” “mirroring,” and “redirection” as innovations designed to alleviate congestion in an origin server

  7. Ashland Oil, v. Delta Resins Refractories

    776 F.2d 281 (Fed. Cir. 1985)   Cited 119 times   3 Legal Analyses
    Holding that "[w]hile the opinion testimony of a party having a direct interest in the pending litigation is less persuasive than opinion testimony by a disinterested party, it cannot be disregarded for that reason alone and may be relied upon when sufficiently convincing"

  8. Application of Mageli

    470 F.2d 1380 (C.C.P.A. 1973)   Cited 12 times
    Rejecting the "close case" argument, noting that the Graham decision "provided new guidance" in the area of, inter alia, secondary considerations

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

    35 U.S.C. § 103   Cited 6,120 times   473 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 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   13 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057, Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the

  11. 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

  12. 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

  13. Section 41.81 - Action following decision

    37 C.F.R. § 41.81   Cited 2 times

    The parties to an appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under § 1.983 of this title until all parties' rights to request rehearing have been exhausted, at which time the decision of the Board is final and appealable by any party to the appeal to the Board. 37 C.F.R. §41.81

  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