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Ex Parte Bankston et al

11247737 (P.T.A.B. Sep. 27, 2012)
Ex Parte Bankston et al

7 Cited authorities

  1. Toro Co. v. White Consol. Industries, Inc.

    199 F.3d 1295 (Fed. Cir. 1999)   Cited 204 times   3 Legal Analyses
    Holding that construction of "including" required attachment between structures where that was the only embodiment disclosed and where nothing in the remainder of the specification supported an unattached embodiment; "[T]he specification describes the advantages of the unitary structure as important to the invention. . . . No other, broader concept was described as embodying the applicant's invention, or shown in any of the drawings, or presented for examination."

  2. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 66 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  3. Application of Turlay

    304 F.2d 893 (C.C.P.A. 1962)   Cited 5 times

    Patent Appeal No. 6816. July 25, 1962. George H. Willits, Alexander F. Baillio, Lewis D. Burch Doonan Dwight McGraw, Detroit, Mich. (Frank J. Soucek, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated

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

    35 U.S.C. § 103   Cited 6,056 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   944 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  6. 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"

  7. 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