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Ex Parte Beguinot et al

10535174 (P.T.A.B. Sep. 27, 2016)
Ex Parte Beguinot et al

15 Cited authorities

  1. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  2. Ashland Oil, v. Delta Resins Refractories

    776 F.2d 281 (Fed. Cir. 1985)   Cited 120 times   3 Legal Analyses
    Holding that "[w]hile the opinion testimony of a party having a direct interest in the pending litigation is less persuasive than opinion testimony by a disinterested party, it cannot be disregarded for that reason alone and may be relied upon when sufficiently convincing"

  3. In re Peterson

    315 F.3d 1325 (Fed. Cir. 2003)   Cited 69 times   14 Legal Analyses
    Holding that any overlap between a claimed range and one in the prior art is sufficient for a prima facie case of obviousness, even if insufficient to render it unpatentable

  4. Velander v. Garner

    348 F.3d 1359 (Fed. Cir. 2003)   Cited 61 times   2 Legal Analyses
    Reviewing the Board of Patent Appeals and Interferences' finding of a reasonable expectation of success under a "substantial evidence" standard

  5. In re Geisler

    116 F.3d 1465 (Fed. Cir. 1997)   Cited 52 times   4 Legal Analyses
    Finding a 26 percent improvement in wear resistance insufficient to constitute proof of "substantially improved results"

  6. In re Woodruff

    919 F.2d 1575 (Fed. Cir. 1990)   Cited 58 times   3 Legal Analyses
    Holding a claimed invention obvious because claimed range (“more than 5% to about 25%” carbon monoxide) abutted range of prior art (“about 1–5%” carbon monoxide)

  7. In re Harris

    409 F.3d 1339 (Fed. Cir. 2005)   Cited 14 times
    Holding that unexpected results require a difference in kind, not merely degree (citing In re Huang, 100 F.3d 135, 139 (Fed. Cir. 1996))

  8. Application of Rinehart

    531 F.2d 1048 (C.C.P.A. 1976)   Cited 45 times
    Considering the problem to be solved in a determination of obviousness

  9. Application of Tiffin

    448 F.2d 791 (C.C.P.A. 1971)   Cited 21 times

    Patent Appeal No. 8502. October 7, 1971. Alvin Guttag, Washington, D.C., attorney of record, for appellants; William T. Bullinger, Washington, D.C., Sheldon F. Raizes, Wilmington, Del., Cushman, Darby Cushman, Washington, D.C., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. ON PETITION FOR REHEARING PER CURIAM. The Patent Office petitions for a rehearing or modification of our decision, handed down June 10, 1971. The

  10. Application of Freeman

    474 F.2d 1318 (C.C.P.A. 1973)   Cited 13 times

    Patent Appeal No. 8798. March 8, 1973. Richard P. Mueller, William J. Schramm, Niagara Falls, N.Y., attorneys of record, for appellants. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals sustaining the examiner's rejection of all

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  12. 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"

  13. 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

  14. Section 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   14 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057 , Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the