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Ex Parte Cho et al

13290689 (P.T.A.B. May. 24, 2016)
Ex Parte Cho et al

13 Cited authorities

  1. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  2. In re Cronyn

    890 F.2d 1158 (Fed. Cir. 1989)   Cited 65 times   5 Legal Analyses
    Holding that a thesis presentation made to a handful of faculty and not catalogued or indexed in a "meaningful" way was not a printed publication

  3. 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)

  4. Application of Edwards

    568 F.2d 1349 (C.C.P.A. 1978)   Cited 17 times

    Appeal No. 77-532. January 12, 1978. As Amended January 18, 1978. James L. Bailey, Houston, Tex., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. LANE, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the final

  5. Application of Fitzgerald

    619 F.2d 67 (C.C.P.A. 1980)   Cited 2 times

    Appeal No. 79-620. April 3, 1980. Thomas H. Jones, Los Angeles, Cal., atty. of record, for appellant; George F. Smyth, Los Angeles, Cal., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN, and MILLER, Associate Judges, and FORD, Judge. The Honorable Morgan Ford, United States Customs Court, sitting by designation.

  6. The Western Wave

    77 F.2d 695 (5th Cir. 1935)   Cited 22 times

    No. 7594. May 20, 1935. Appeals from the District Court of the United States for the Eastern District of Louisiana; Wayne G. Borah, Judge. Two separate libels by the Johnson Iron Works Dry Dock Shipbuilding Company and by the Board of Commissioners of the Port of New Orleans against the steamship Western Wave, in which the North American Fruit Steamship Corporation interposed a defense as claimant and owner of the ship. From decrees ( 6 F. Supp. 911) for libelants, the claimant and owner and another

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,363 times   1046 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

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

    35 U.S.C. § 103   Cited 6,130 times   479 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."

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,997 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. 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

  11. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  12. Section 1.131 - Scope and applicability of this subpart

    7 C.F.R. § 1.131   Cited 8 times

    (a) The rules of practice in this subpart shall be applicable to all adjudicatory proceedings under the statutory provisions listed below as those provisions have been or may be amended from time to time, except that those rules shall not be applicable to reparation proceedings under section 6(c) of the Perishable Agricultural Commodities Act, 1930. Section 1.26 shall be inapplicable to the proceedings covered by this subpart. Agricultural Bioterrorism Protection Act of 2002, section 212(i) (7 U

  13. Section 41.30 - Definitions

    37 C.F.R. § 41.30   1 Legal Analyses

    In addition to the definitions in § 41.2 , the following definitions apply to proceedings under this subpart unless otherwise clear from the context: Applicant means either the applicant in a national application for a patent or the applicant in an application for reissue of a patent. Evidence means something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, except that for the purpose of this subpart Evidence does not include