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Ex Parte Cheng

7 Cited authorities

  1. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 148 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  2. In re Hallman

    655 F.2d 212 (C.C.P.A. 1981)   Cited 1 times

    Appeal No. 81-524. July 16, 1981. Harry V. Strampel, Wallenstein, Spangenberg, Hattis Strampel, Sidney W. Russell, Arlington, Va., for appellant. Joseph F. Nakamura, Fred W. Sherling, Washington, D.C., for Board of Appeals. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark Office Board of Appeals ("board") sustaining the Examiner's rejection

  3. Application of Skoner

    517 F.2d 947 (C.C.P.A. 1975)   Cited 5 times

    Patent Appeal No. 75-551. June 12, 1975. Gerald K. White, Thaddeus A. Zalenski, Pittsburgh, Pa., for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Henry W. Tarring, II, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. BALDWIN, Judge. This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the rejection

  4. Application of Michlin

    45 C.C.P.A. 1028 (C.C.P.A. 1958)   Cited 6 times

    Patent Appeal No. 6373. June 24, 1958. Hyman A. Michlin, pro se. Clarence W. Moore, Washington, D.C. (David Kreider, Washington, D.C., of counsel), for the Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Judges. WORLEY, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the final rejection by the Primary Examiner of claims 94, 95, and 97 to 100, inclusive, of appellant's application for a patent on

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

    35 U.S.C. § 103   Cited 6,063 times   460 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."

  6. 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"

  7. 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)