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Ex Parte Bernig et al

10523130 (B.P.A.I. May. 18, 2012)
Ex Parte Bernig et al

5 Cited authorities

  1. Bridgestone/Firestone, Inc. v. Recovery Credit Services., Inc.

    98 F.3d 13 (2d Cir. 1996)   Cited 743 times
    Holding that intraparty fees are not indemnified where the indemnification clause is not "unmistakably clear" that it covers attorneys' fees in a breach-of-contract action and "may easily be read as limited to third party actions"

  2. Mathieson Alkali Works v. Arnold, Hoffman Co.

    31 F.2d 1 (1st Cir. 1929)

    Nos. 2266, 2267. January 19, 1929. Rehearing Denied April 9, 1929. Appeals from the District Court of the United States for the District of Rhode Island; Brown, Judge. Suits by the Mathieson Alkali Works against Arnold, Hoffman Co., Incorporated, and another, and actions by Arnold, Hoffman Co., Incorporated, against the Mathieson Alkali Works. From the decrees and judgments so far as they were respectively adverse to them, named parties appeal. Affirmed in part, and in part reversed and remanded

  3. 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."

  4. 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"

  5. 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