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Ex Parte Andreev et al

11452181 (P.T.A.B. Feb. 14, 2013)
Ex Parte Andreev et al

8 Cited authorities

  1. Kaufman Co., Inc. v. Lantech, Inc.

    807 F.2d 970 (Fed. Cir. 1986)   Cited 95 times   2 Legal Analyses
    Holding that where all claims of the reexamined patent are "in the category of a 'proposed amended or new claim determined to be patentable and incorporated following a reexaminationproceeding,'" "the patentee has no rights to enforce [a non-identical, amended claim] before the date of reissue because the original patent was surrendered and is dead" (quoting 35 U.S.C. § 252) (first emphasis added)

  2. APPLICATION OF BOON

    439 F.2d 724 (C.C.P.A. 1971)   Cited 3 times   2 Legal Analyses

    Patent Appeal No. 8398. April 1, 1971. Rehearing Denied May 20, 1971. James M. Heilman, Heilman Heilman, Washington, D.C., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and NEWMAN, Judge, United States Customs Court, sitting by designation. BALDWIN, Judge. Boon appeals from the decision of the Patent Office Board of Appeals which affirmed the rejection

  3. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,277 times   1023 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

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

    35 U.S.C. § 103   Cited 6,055 times   447 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."

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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 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

  8. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)