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Ex Parte 9022076 et al

96000126 (P.T.A.B. Aug. 30, 2017)
Ex Parte 9022076 et al

11 Cited authorities

  1. Anheuser-Busch v. Crown Cork Seal Technologies

    121 F. App'x 388 (Fed. Cir. 2004)   Cited 3 times

    No. 04-1185, 04-1188. Decided: December 23, 2004. Before MAYER, Chief Judge, LOURIE, and DYK, Circuit Judges. LOURIE, Circuit Judge. Crown Cork Seal Technologies Corp. and Crown Cork Seal Co. (USA), Inc. (collectively "Crown") appeal from the decision of the United States District Court for the Western District of Wisconsin granting summary judgment of noninfringement of United States Patent 6,065,634 in favor of Anheuser-Busch Companies, Inc., Metal Container Corp., and Anheuser-Busch, Inc. (collectively

  2. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

  3. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,994 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  4. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   51 Legal Analyses
    Governing interferences

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  6. 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

  7. Section 291 - Derived patents

    35 U.S.C. § 291   Cited 77 times   13 Legal Analyses

    (a) IN GENERAL.-The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section. (b) FILING LIMITATION.-An action under this section may be filed only before the end of the 1-year period beginning on the date of the issuance of the first

  8. Section 257 - Supplemental examinations to consider, reconsider, or correct information

    35 U.S.C. § 257   Cited 6 times   26 Legal Analyses

    (a) REQUEST FOR SUPPLEMENTAL EXAMINATION.-A patent owner may request supplemental examination of a patent in the Office to consider, reconsider, or correct information believed to be relevant to the patent, in accordance with such requirements as the Director may establish. Within 3 months after the date a request for supplemental examination meeting the requirements of this section is received, the Director shall conduct the supplemental examination and shall conclude such examination by issuing

  9. Section 1.56 - Duty to disclose information material to patentability

    37 C.F.R. § 1.56   Cited 858 times   70 Legal Analyses
    Adopting broad standard of materiality requiring that information not be cumulative

  10. Section 41.203 - Declaration

    37 C.F.R. § 41.203   Cited 15 times   9 Legal Analyses

    (a)Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa. (b)Notice of declaration. An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies: (1) The interfering subject matter; (2) The involved applications, patents, and claims; (3) The accorded benefit

  11. Section 11.303 - Candor toward the tribunal

    37 C.F.R. § 11.303   Cited 4 times   6 Legal Analyses

    (a) A practitioner shall not knowingly: (1) Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the practitioner; (2) Fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the practitioner to be directly adverse to the position of the client and not disclosed by opposing counsel in an inter partes proceeding, or fail to disclose such authority in an ex parte proceeding