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Ex Parte Bayardo et al

12107381 (P.T.A.B. Jun. 21, 2016)
Ex Parte Bayardo et al

17 Cited authorities

  1. Lockwood v. American Airlines, Inc.

    107 F.3d 1565 (Fed. Cir. 1997)   Cited 305 times   6 Legal Analyses
    Holding that "[e]ach application in the chain must describe the claimed features" and that if "one of the intervening applications does not describe" the subject matter, the later application cannot claim the benefit of the earlier application

  2. Continental Can Co. USA, v. Monsanto Co.

    948 F.2d 1264 (Fed. Cir. 1991)   Cited 334 times   3 Legal Analyses
    Holding that an inherent limitation must be “necessarily present” and cannot be established by “probabilities or possibilities”

  3. Lizardtech, Inc. v. Earth Resource Mapping

    424 F.3d 1336 (Fed. Cir. 2005)   Cited 156 times   3 Legal Analyses
    Holding that "[a]fter reading the patent, a person of skill in the art would not understand" the patentee to have invented a generic method where the patent only disclosed one embodiment of it

  4. In re Cruciferous Sprout Litigation

    301 F.3d 1343 (Fed. Cir. 2002)   Cited 141 times   6 Legal Analyses
    Holding that preamble was limiting in light of arguments made during prosecution "show[ing] a clear reliance by the patentee on the preamble to persuade the Patent Office that the claimed invention is not anticipated by the prior art"

  5. Ralston Purina Co. v. Far-Mar-Co, Inc.

    772 F.2d 1570 (Fed. Cir. 1985)   Cited 158 times   1 Legal Analyses
    Holding that " party asserting invalidity based on 35 U.S. § 112 bears no less a burden and no fewer responsibilities than any other patent challenger"

  6. Eiselstein v. Frank

    52 F.3d 1035 (Fed. Cir. 1995)   Cited 52 times   2 Legal Analyses
    Holding a specification's description of 45 to 55 percent insufficient written description support for a claimed range of 50 to 60 percent

  7. Georgia-Pacific Corp. v. United States Plywood

    258 F.2d 124 (2d Cir. 1958)   Cited 115 times   1 Legal Analyses

    No. 127, Docket 24656. Argued December 12, 1957. Decided July 1, 1958. Rehearing Denied August 18, 1958. Certiorari Denied November 10, 1958. See 79 S.Ct. 124. John Vaughan Groner, New York City (Charles B. Smith and Fish, Richardson Neave, New York City, on the brief), for plaintiff-appellee. William O. Heilman, New York City (James M. Heilman, and Heilman Heilman, Washington, D.C., on the brief), for defendant-appellant. Before MEDINA, LUMBARD and WATERMAN, Circuit Judges. LUMBARD, Circuit Judge

  8. In re Alonso

    545 F.3d 1015 (Fed. Cir. 2008)   Cited 13 times   4 Legal Analyses
    Affirming finding of invalidity by BPAI where “the one compound disclosed ... cannot be said to be representative of a densely populated genus.”

  9. Application of Gardner

    427 F.2d 786 (C.C.P.A. 1970)   Cited 26 times

    Patent Appeal No. 8311. June 25, 1970. Arthur R. Eglington, attorney of record for appellants, George J. Harding, 3rd, Joan S. Keps, Philadelphia, Pa., of counsel. S. Wm. Cochran, Washington, D.C., for Commissioner of Patents, Leroy B. Randall, Jack Armore, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation. RICH, Acting Chief Judge. This appeal is from the decision of the Patent

  10. In the Matter of Beckley Coal Mining Company

    81 B.R. 6 (Bankr. D. Del. 1987)   Cited 1 times

    Bankruptcy No. 87-496. December 23, 1987. William W. Bowser, Wilmington, Del., for debtor. George N. Davies, U.M.W.A., District 29, Beckley, W.Va., for United Mine Workers of America. BENCH DECISION FOLLOWING DECEMBER 23, 1987 HEARING ON DEBTOR'S APPLICATION FOR INTERIM CHANGES IN COLLECTIVE BARGAINING AGREEMENT HELEN S. BALICK, Bankruptcy Judge. A Chapter 11 case was filed by Beckley Coal Mining Company on November 20, 1987. Beckley as a debtor-in-possession is asking for interim relief from certain

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,419 times   1068 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 6,172 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,032 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,546 times   2301 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  15. 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"

  16. 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