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Ex Parte Bugler, et al

12838003 (P.T.A.B. Apr. 19, 2017)
Ex Parte Bugler, et al

18 Cited authorities

  1. Gardner v. TEC Systems, Inc.

    469 U.S. 830 (1984)   Cited 110 times

    No. 83-2023. October 1, 1984, OCTOBER TERM, 1984. C.A. Fed. Cir. Certiorari denied. Reported below: 725 F. 2d 1338.

  2. In re Applied Materials, Inc.

    692 F.3d 1289 (Fed. Cir. 2012)   Cited 61 times   3 Legal Analyses
    Concluding that the board correctly rejected claims as obvious where "there was no indication that obtaining the claimed dimensions was beyond the capabilities of one of ordinary skill in the art or produced any unexpectedly beneficial properties"

  3. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 76 times   7 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  4. In re Woodruff

    919 F.2d 1575 (Fed. Cir. 1990)   Cited 58 times   3 Legal Analyses
    Holding a claimed invention obvious because claimed range (“more than 5% to about 25%” carbon monoxide) abutted range of prior art (“about 1–5%” carbon monoxide)

  5. Gardner v. TEC Systems, Inc.

    725 F.2d 1338 (Fed. Cir. 1984)   Cited 44 times
    Holding that dependent claims fall with the independent claim on which they depend unless argued separately

  6. IN RE FOUT

    675 F.2d 297 (C.C.P.A. 1982)   Cited 24 times
    Holding preamble of Jepson-type claim to be admitted prior art where applicant's specification credited another as the inventor of the subject matter of the preamble

  7. Reading & Bates Construction Co. v. Baker Energy Resources Corp.

    748 F.2d 645 (Fed. Cir. 1984)   Cited 18 times
    Holding that preamble alone was not admission that inventor's own prior work is prior art because "obviousness should not be based on an implied admission erroneously creating imaginary prior art," quoting In re Ehrreich, 590 F.2d 902, 910 (C.C.PA. 1979)

  8. Application of Antonie

    559 F.2d 618 (C.C.P.A. 1977)   Cited 24 times   2 Legal Analyses

    Patent Appeal No. 76-681. Decided August 18, 1977. Arthur H. Seidel, Thomas W. Ehrmann, Milwaukee, Wis. (Quarles Brady, Milwaukee, Wis.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, R.D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Judge, United States Customs Court. BALDWIN, Judge. This is an appeal

  9. Application of Boesch

    617 F.2d 272 (C.C.P.A. 1980)   Cited 17 times

    Appeal No. 79-597. March 13, 1980. Rehearing Denied July 3, 1980. Robert F. Dropkin and Vincent G. Gioia, Pittsburgh, Pa., attorneys of record for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and MALETZ, Judges. The Honorable Herbert N. Maletz of the United States Customs Court, sitting

  10. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 46 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

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

    35 U.S.C. § 103   Cited 6,063 times   459 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,944 times   959 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  14. 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

  15. Section 1.75 - Claim(s)

    37 C.F.R. § 1.75   Cited 111 times   11 Legal Analyses
    Setting forth proper drafts for independent and dependent claims

  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

  17. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)