Ex Parte Bryson

16 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,576 times   189 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 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  3. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning
  4. E-Pass Technologies, Inc. v. 3Com Corp.

    343 F.3d 1364 (Fed. Cir. 2003)   Cited 127 times   3 Legal Analyses
    Holding that the "court's task is not to limit claim language to exclude particular devices because they do no serve a perceived 'purpose' of the invention. Rather, the district court's function is to interpret claims according to their plain language unless the patentee has chosen to be his own lexicographer in the specification or has clearly disclaimed coverage during prosecution. An invention may possess a number of advantages or purposes, and there is no requirement that every claim directed to that invention be limited to encompass all of them."
  5. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   2 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter
  6. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 27 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill
  7. Application of Prater

    415 F.2d 1393 (C.C.P.A. 1969)   Cited 78 times   4 Legal Analyses
    Holding that claims are given their broadest reasonable interpretation during examination "since the applicant may then amend his claims"
  8. Application of Corr

    347 F.2d 578 (C.C.P.A. 1965)   Cited 6 times

    Patent Appeal No. 7416. June 24, 1965. John L. Seymour, New York City, for appellant. Clarence W. Moore, Washington, D.C. (J.E. Armore, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. ALMOND, Judge. John F. Corr appeals from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1, 3, 5-7, 9, 13, 14, 19-24, 26, 29 and 33 in appellant's application. Upon reconsideration the

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

    35 U.S.C. § 103   Cited 6,173 times   493 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."
  10. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 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"
  11. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  12. Section 12 - Copies of patents and applications for public libraries

    35 U.S.C. § 12   Cited 7 times

    The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year's issue established for this purpose in section 41(d). 35 U.S.C. § 12 July 19, 1952, ch. 950, 66 Stat. 794, §13; Pub. L. 97-247, §15, Aug. 27, 1982, 96 Stat. 321; renumbered §12 and amended Pub. L. 106-113, div. B, §1000(a)(9) [title

  13. Section 10 - Publications

    35 U.S.C. § 10   Cited 1 times

    (a) The Director may publish in printed, typewritten, or electronic form, the following: 1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and

  14. Section 13 - Annual report to Congress

    35 U.S.C. § 13   Cited 1 times

    The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensation of the Commissioners, and other information relating to the Office. 35 U.S.C. §

  15. Section 103 - Assent to purchase of lands for forts

    4 U.S.C. § 103

    The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such consent having been obtained. 4 U.S.C. § 103 July 30, 1947, ch. 389, 61 Stat. 644.

  16. 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