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Ex Parte Clarke et al

11150524 (P.T.A.B. May. 24, 2016)
Ex Parte Clarke et al

6 Cited authorities

  1. Atlas Powder Co. v. E.I. du Pont De Nemours & Co.

    750 F.2d 1569 (Fed. Cir. 1984)   Cited 243 times   6 Legal Analyses
    Holding that, where "patent disclosure list[ed] numerous salts, fuels, and emulsifiers that could form thousands of" claimed combinations, some of which would be inoperable, "the claims [were] not necessarily invalid" for lack of enablement unless a POSA needed to "experiment unduly in order to practice the claimed invention"

  2. In re Wright

    999 F.2d 1557 (Fed. Cir. 1993)   Cited 91 times   5 Legal Analyses
    Relying on art published five years after filing date to show what was "sufficiently unpredictable" as of filing date

  3. Application of Dinh-Nguyen

    492 F.2d 856 (C.C.P.A. 1974)   Cited 12 times

    Patent Appeal No. 9134. February 28, 1974. Anthony M. Lorusso, Kenway, Jenney Hildreth, Boston, Mass., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Henry W. Tarring, II, Falls Church, Va., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This appeal is from the decision of the Board of Appeals, affirming the rejection under 35 U.S.C

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"

  6. 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