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Ex Parte Behrens

08967043 (B.P.A.I. Jul. 30, 2003)
Ex Parte Behrens

4 Cited authorities

  1. Tec Air, Inc. v. Denso Manufacturing Michigan Inc.

    192 F.3d 1353 (Fed. Cir. 1999)   Cited 113 times
    Holding that regardless of whether defendant had shown a motivation to combine the prior art, the showing could be rebutted by evidence of commercial success

  2. In re Fritch

    972 F.2d 1260 (Fed. Cir. 1992)   Cited 32 times
    Stating "dependent claims are nonobvious if the independent claims from which they depend are nonobvious"

  3. In re Gordon

    733 F.2d 900 (Fed. Cir. 1984)   Cited 31 times   2 Legal Analyses
    Finding that a modification which renders the invention inoperable for its intended purpose is not obvious because it teaches away from the invention

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

    35 U.S.C. § 103   Cited 6,173 times   493 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."