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Ex Parte Abe et al

13521903 (P.T.A.B. Nov. 29, 2018)
Ex Parte Abe et al

10 Cited authorities

  1. Belden Inc. v. Berk-Tek LLC

    805 F.3d 1064 (Fed. Cir. 2015)   Cited 115 times   21 Legal Analyses
    Holding that a declaration appended to a reply brief "fairly respond[ed] only to arguments made in ... [the patent owner]'s response," as required by § 42.23(b), and that the patent owner had "a meaningful opportunity to respond," as required by the APA

  2. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  3. In re Mouttet

    686 F.3d 1322 (Fed. Cir. 2012)   Cited 91 times   4 Legal Analyses
    Finding "the Board's determination that eliminating the optical components of Falk would not destroy its principle of operation to be supported by substantial evidence"

  4. Metalcraft of Mayville, Inc. v. the Toro Co.

    848 F.3d 1358 (Fed. Cir. 2017)   Cited 73 times   2 Legal Analyses
    Finding that the district court did not abuse its discretion in rejecting the obviousness argument of a party seeking to avoid a preliminary injunction where the party did not provide any evidence as to a motivation to combine prior art references

  5. Pers. Web Techs., LLC v. Apple, Inc.

    848 F.3d 987 (Fed. Cir. 2017)   Cited 67 times   11 Legal Analyses
    Concluding that the Board provided an inadequate analysis to provide meaningful appellate review

  6. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  7. In re Brandt

    886 F.3d 1171 (Fed. Cir. 2018)   Cited 11 times
    Finding the claimed density range of "less than 6 pounds per cubic feet" and the prior art range of "between 6lbs/ft3 and 25lbs/ft3" are so mathematically close that the range difference is "virtually negligible"

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  10. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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