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Ex Parte Andreas-Schott et al

11434386 (B.P.A.I. May. 23, 2012)
Ex Parte Andreas-Schott et al

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 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. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  3. Atofina v. Great Lakes Chemical Corp.

    441 F.3d 991 (Fed. Cir. 2006)   Cited 85 times   8 Legal Analyses
    Finding 0.001 to 1.0 percent range did not disclose a D.I to 5.0 percent range

  4. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  5. In re Hallman

    655 F.2d 212 (C.C.P.A. 1981)   Cited 1 times

    Appeal No. 81-524. July 16, 1981. Harry V. Strampel, Wallenstein, Spangenberg, Hattis Strampel, Sidney W. Russell, Arlington, Va., for appellant. Joseph F. Nakamura, Fred W. Sherling, Washington, D.C., for Board of Appeals. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark Office Board of Appeals ("board") sustaining the Examiner's rejection

  6. Application of Gardiner

    171 F.2d 313 (C.C.P.A. 1948)   Cited 15 times

    Patent Appeal No. 5492. December 7, 1948. Appeal from the Board of Appeals of the United States Patent Office, Serial No. 527,224. Proceeding in the matter of the application of Duncan B. Gardiner for a patent. From a decision of the Board of Appeals affirming that of the primary examiner rejecting claims 15 to 19, inclusive, the applicant appeals. Affirmed. Ralph L. Tweedale, of Detroit, Mich. (N. Douglas Parker, Jr., of Washington, D.C., of counsel), for appellant. W.W. Cochran, of Washington,

  7. Application of Danly

    263 F.2d 844 (C.C.P.A. 1959)   Cited 4 times
    Limiting claims to require that the claimed device actually be connected to an alternating current source because, although the claims "do not positively recite a source of alternating current as an element of the claims," any other interpretation would render certain language in the claims meaningless

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

    35 U.S.C. § 103   Cited 6,129 times   479 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. 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"

  11. 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

  12. Section 1.136 - 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)