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Ex parte Butler et al.

08119245 (B.P.A.I. Jul. 27, 1998)
Ex parte Butler et al.

7 Cited authorities

  1. 49er Chevrolet, Inc. v. General Motors Corp.

    480 U.S. 947 (1987)   Cited 248 times
    Discussing determination of priority of invention under § 102(g), and noting that "§ 102(g) prior art can be used for § 103", id. at 1371 n. 1, 231 USPQ 84 n. 1

  2. Uniroyal, Inc. v. Rudkin-Wiley Corp.

    488 U.S. 825 (1988)   Cited 212 times
    Holding that "one who republishes a defamatory statement `adopts' it as his own, and is liable in equal measure to the original defamer."

  3. Hybritech Inc. v. Monoclonal Antibodies, Inc.

    802 F.2d 1367 (Fed. Cir. 1986)   Cited 473 times   13 Legal Analyses
    Holding that notebook entries not witnessed until several months to a year after entry did not render them "incredible or necessarily of little corroborative value" under the circumstances and in view of other corroborating evidence

  4. Uniroyal, Inc. v. Rudkin-Wiley Corp.

    837 F.2d 1044 (Fed. Cir. 1988)   Cited 163 times
    Holding that the burden of proof is not reduced when prior art presented to the court was not considered by the PTO

  5. Grain Processing Corp. v. Am. Maize-Products

    840 F.2d 902 (Fed. Cir. 1988)   Cited 75 times   1 Legal Analyses
    Finding that a patentee can prove infringement by showing that just "some samples" or even "a sample" of the product is found to meet all the limitations of a patent's claims

  6. 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."

  7. Section 371 - National stage: Commencement

    35 U.S.C. § 371   Cited 53 times   81 Legal Analyses
    Referring to the "requirements" in specific "subsection"