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Ex Parte Brillert

11639859 (P.T.A.B. Jun. 3, 2013)
Ex Parte Brillert

6 Cited authorities

  1. North American Container v. Plastipak Pack

    415 F.3d 1335 (Fed. Cir. 2005)   Cited 119 times   2 Legal Analyses
    Holding that recapture rule applied to reissued claims that had been “enlarged” and were not “materially narrowed in other respects”

  2. Schoell v. Regal Marine Industries, Inc.

    247 F.3d 1202 (Fed. Cir. 2001)   Cited 77 times
    Holding that a manufacturer's hull, which had a twelve-degree V-shaped keel in both aft hull, and in portion of forward hull, could not literally infringe inventor's patent describing a hull with a V-shaped keel in the front, and a generally flat aft keel, and declining to address whether a twelve-degree V shape precludes a hull from being "generally flat"

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

    35 U.S.C. § 103   Cited 6,166 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."

  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

  6. Section 1.136 - [Effective until 1/19/2025] 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)