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Ex Parte 7390340 et al

90013835 - (R) (P.T.A.B. Jun. 27, 2019)
Ex Parte 7390340 et al

6 Cited authorities

  1. In re Swanson

    540 F.3d 1368 (Fed. Cir. 2008)   Cited 58 times   8 Legal Analyses
    Holding the scope of an examiner's prior consideration of a reference is a question of fact

  2. In re Leithem

    661 F.3d 1316 (Fed. Cir. 2011)   Cited 17 times   3 Legal Analyses
    Concluding that the Board issued a new ground of rejection despite the fact that the Board “agreed with Leithem” that Novak did not teach a fluffed pulp

  3. Section 303 - Determination of issue by Director

    35 U.S.C. § 303   Cited 123 times   24 Legal Analyses
    Governing ex parte reexamination

  4. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  5. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by

  6. Section 41.33 - Amendments and affidavits or other Evidence after appeal

    37 C.F.R. § 41.33   Cited 2 times   1 Legal Analyses

    (a) Amendments filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) and prior to the date a brief is filed pursuant to § 41.37 may be admitted as provided in § 1.116 of this title. (b) Amendments filed on or after the date of filing a brief pursuant to § 41.37 may be admitted: (1) To cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or (2) To rewrite dependent claims into independent form. (c) All other amendments