Ex Parte Ainscough et al

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,562 times   187 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. In re Katz Interactive Call Proc. Patent

    639 F.3d 1303 (Fed. Cir. 2011)   Cited 290 times   16 Legal Analyses
    Holding that it is "not necessary to disclose more structure than the general purpose processor that performs those functions" because such functions are "coextensive with the structure disclosed."
  3. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use
  4. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant
  5. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"
  6. In re Sneed

    710 F.2d 1544 (Fed. Cir. 1983)   Cited 21 times   2 Legal Analyses
    Rejecting argument that a prior art reference should not be considered "because it deals with collapsible hose rather than flexible plastic pipe and teaches that rolling 600 feet of 4 inch, noncollapsible hose into a transportable bundle is virtually 'an insurmountable task'" because "it is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."
  7. In re Hack

    245 F.2d 246 (C.C.P.A. 1957)   Cited 23 times   1 Legal Analyses
    Recognizing the "principle that the grant of a patent on a . . . machine cannot be predicated on a new use of that machine"
  8. Application of Nievelt

    482 F.2d 965 (C.C.P.A. 1973)

    Patent Appeal No. 8975. August 30, 1973. L. Gaylord Hulbert, Whittemore, Hulbert Belknap, Detroit, Mich., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Robert D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration

  9. Florida Power Light Co. v. Fed. Power Com'n

    430 F.2d 1377 (5th Cir. 1970)   Cited 1 times

    No. 24956. July 13, 1970. Richard L. McGraw, Leon Jaworski, Houston, Tex., Harry A. Poth, Jr., New York City, Richard M. Merriman, Washington, D.C., for petitioner. James L. Graham, Jr., Tallahassee, Fla. (now deceased), Prentice P. Pruitt, Tallahassee, Fla., for intervenor: (Florida Pub. Serv. Comm.) Peter H. Schiff, Sol., F.P.C., Richard A. Solomon, Gen. Counsel, F.P.C., Israel Convisser, Atty., F.P.C., Washington, D.C., for respondent. George Spiegel, Washington, D.C. (amicus curiae). Before BELL

  10. Application of Casey

    370 F.2d 576 (C.C.P.A. 1967)   Cited 1 times

    Patent Appeal No. 7718. January 12, 1967. Charles H. Lauder, St. Paul, Minn., for appellant. Joseph Schimmel, Washington, D.C. (S. William Cochran, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the rejection of claims

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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
  12. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,153 times   485 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."
  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"
  14. 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

  15. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)