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Ex Parte Bhan

11 Cited authorities

  1. Standard Oil Co. v. American Cyanamid Co.

    774 F.2d 448 (Fed. Cir. 1985)   Cited 459 times   2 Legal Analyses
    Holding that “obviousness is determined entirely with reference to a hypothetical ‘person having ordinary skill in the art’ ” and the “actual inventor's skill is irrelevant” to the obviousness inquiry

  2. Finnigan Corp. v. Inter. Trade Comm

    180 F.3d 1354 (Fed. Cir. 1999)   Cited 235 times   3 Legal Analyses
    Holding that a witness's testimony of an invalidating public use must be corroborated to satisfy the interested party's burden of proving invalidity by clear and convincing evidence

  3. Falko-Gunter Falkner v. Inglis

    448 F.3d 1357 (Fed. Cir. 2006)   Cited 89 times   16 Legal Analyses
    Holding that where “accessible literature sources clearly provided” a description of the teachings at issue, the written description requirement does not require their incorporation by reference

  4. In re King

    801 F.2d 1324 (Fed. Cir. 1986)   Cited 46 times   1 Legal Analyses
    Finding that principles of inherency do not prohibit a process patent for a new use of an old structure

  5. Kubota v. Shibuya

    999 F.2d 517 (Fed. Cir. 1993)   Cited 20 times   1 Legal Analyses
    Adopting the Commissioner's interpretation that a declaration of interference is an interlocutory order presumed to be correct under 37 C.F.R. § 1.655

  6. Application of Best

    562 F.2d 1252 (C.C.P.A. 1977)   Cited 18 times   4 Legal Analyses

    Patent Appeal No. 77-509. October 13, 1977. Richard G. Miller, New York City, attorney of record, for appellants, James C. Arvantes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, C.J., RICH, BALDWIN and LANE, JJ., and FORD, J., United States Customs Court. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark

  7. 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."

  8. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. 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"

  10. 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

  11. Section 41.67 - Appellant's brief

    37 C.F.R. § 41.67   Cited 2 times

    (a) (1) Appellant(s) may once, within time limits for filing set forth in § 41.66 , file a brief and serve the brief on all other parties to the proceeding in accordance with § 1.903 of this title. (2) The brief must be signed by the appellant, or the appellant's duly authorized attorney or agent and must be accompanied by the requisite fee set forth in § 41.20(b)(2) . (b) An appellant's appeal shall stand dismissed upon failure of that appellant to file an appellant's brief, accompanied by the requisite