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Ex parte Berlin et al.

07815654 (B.P.A.I. Jan. 29, 1999)
Ex parte Berlin et al.

3 Cited authorities

  1. In re Sernaker

    702 F.2d 989 (Fed. Cir. 1983)   Cited 73 times
    Stating that the district court could also determine whether the prior art offers a motivation to combine based on "whether a combination of the teachings of all or any of the references would have suggested (expressly or by implication) the possibility of achieving further improvement by combining such teachings along the line of the invention in suit"

  2. 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."

  3. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,547 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."