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Ex Parte BROWN

16 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Scott v. Koyama

    281 F.3d 1243 (Fed. Cir. 2002)   Cited 20 times   1 Legal Analyses
    Holding the asserted reference was communicated in the United States where a full description of the reference was contained in written materials disclosed to persons in Wilmington, Delaware

  4. Griffith v. Kanamaru

    816 F.2d 624 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses

    Appeal No. 87-1042. April 8, 1987. Eric S. Spector of Jones, Tullar Cooper, P.C., Arlington, Va., argued for appellant. Harold C. Wegner of Wegner Bretschneider, Washington, D.C., argued for appellees. With him on brief was Helmuth A. Wegner, of Wegner Bretschneider, Washington, D.C.; Barry E. Bretschneider and Herbert I. Cantor, of counsel. Appeal from the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office. Before BISSELL, Circuit Judge, NICHOLS, Senior Circuit

  5. Bey v. Kollonitsch

    806 F.2d 1024 (Fed. Cir. 1986)   Cited 11 times
    Requiring “reasonable diligence during the continuous ... critical period”

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  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 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"

  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 23 - Testimony in Patent and Trademark Office cases

    35 U.S.C. § 23   Cited 14 times   3 Legal Analyses
    Granting the Director of the PTO the authority to "establish rules for taking affidavits and depositions required in cases in the [PTO]"

  11. Section 103, 103a - Omitted

    8 U.S.C. § 103, 103a   Cited 2 times

    8 U.S.C. § 103, 103a EDITORIAL NOTES CODIFICATIONSection 103, acts Mar. 2, 1895, ch. 177, §1, 28 Stat. 780; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737; Ex. Ord. No. 6166, §14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to administration of alien contract laws, was transferred to section 342h of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government

  12. Section 103 - Enacting or resolving words after first section

    1 U.S.C. § 103   Cited 1 times

    No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. 1 U.S.C. § 103 July 30, 1947, ch. 388, 61 Stat. 634.

  13. Section 103 - Designation of reports

    13 U.S.C. § 103

    All reports covering any of the statistics collected under the provisions of this subchapter shall be designated as "Special Reports" followed by the name of whatever bureau or agency of the Department of Commerce is designated by the Secretary to collect and compile such statistics. 13 U.S.C. § 103 Aug. 31, 1954, ch. 1158, 68 Stat. 1018. HISTORICAL AND REVISION NOTESBased on title 13, U.S.C., 1952 ed., §111 (Mar. 6, 1902, ch. 139, §7, 32 Stat. 52; June 7, 1906ch. 3048 34 Stat. 218; June 18, 1929

  14. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 117 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  15. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  16. 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)