§

Ex Parte Benson et al

10001212 (B.P.A.I. Jun. 15, 2009)
Ex Parte Benson et al

10 Cited authorities

  1. Carroll Touch, Inc. v. Electro Mechanical Systems, Inc.

    3 F.3d 404 (Fed. Cir. 1993)   Cited 342 times
    Finding that "[a]s the party moving for attorney fees, the burden was on [the prevailing party] to prove the exceptional nature of the case by clear and convincing evidence"

  2. Perkin-Elmer Corp. v. Computervision Corp.

    732 F.2d 888 (Fed. Cir. 1984)   Cited 369 times   1 Legal Analyses
    Holding that when "a court does not discuss certain propositions," that "does not make the decision inadequate or suggest the court failed to understand them"

  3. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  4. Richardson v. Suzuki Motor Co., LTD

    868 F.2d 1226 (Fed. Cir. 1989)   Cited 181 times   4 Legal Analyses
    Finding an equitable remedy appropriate for wrongful appropriation of intellectual property

  5. Kloster Speedsteel AB v. Crucible, Inc.

    793 F.2d 1565 (Fed. Cir. 1986)   Cited 164 times   4 Legal Analyses
    Finding that although it is an important consideration, "not every failure to seek an opinion of competent counsel will mandate an ultimate finding of willfulness"

  6. Kalman v. Kimberly-Clark Corp.

    713 F.2d 760 (Fed. Cir. 1983)   Cited 111 times
    In Kalman, this court determined that the district court's fact finding of identity of invention (reached after a four day bench trial) was not clearly erroneous, and that "the stipulation by the parties, coupled with [Kimberly Clark's] failure to counter Kalman's affidavits and evidence submitted in his motion for summary judgment" dictated a finding of infringement.

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,997 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  9. 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

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)