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Ex Parte Clatty

12 Cited authorities

  1. Pro-Mold Tool Co. v. Great Lakes Plastics

    75 F.3d 1568 (Fed. Cir. 1996)   Cited 155 times   2 Legal Analyses
    Holding that, though we do not have exclusive jurisdiction over unfair competition claims, our own circuit law nonetheless determines when inequitable conduct also constitutes unfair competition

  2. Motorola, Inc. v. Interdigital Tech. Corp.

    121 F.3d 1461 (Fed. Cir. 1997)   Cited 96 times
    Holding that a verdict of anticipation was properly supported by expert testimony regarding how a person of ordinary skill would understand a prior art reference

  3. In re Woodruff

    919 F.2d 1575 (Fed. Cir. 1990)   Cited 58 times   4 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)

  4. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  5. In re Kerkhoven

    626 F.2d 846 (C.C.P.A. 1980)   Cited 6 times   2 Legal Analyses

    Appeal No. 79-586. May 15, 1980. James J. Farrell, New York City, attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, and Trademarks; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and NEWMAN, Judge. The Honorable Bernard Newman, United States Customs Court, sitting by designation. NEWMAN, Judge. This is an

  6. Application of Thompson

    545 F.2d 1290 (C.C.P.A. 1976)   Cited 4 times

    Patent Appeal No. 76-615. December 23, 1976. David S. Stallard, Cincinnati, Ohio (Wood, Herron Evans, Cincinnati, Ohio), atty. 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 Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from a decision of the Patent and Trademark Office (PTO) Board of

  7. Application of Rainer

    377 F.2d 1006 (C.C.P.A. 1967)   Cited 5 times

    Patent Appeal No. 7668. June 2, 1967. Alvin Guttag, Washington, D.C. (C. Edward Parker, Duncan, S.C., of counsel), for appellants. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. RICH, Judge. The appeal is from decisions of the Board of Appeals, affirming the examiner's rejection of claims 2-6, 8-12, 17, 20, and 48-59 in application serial No. 12,339, filed March

  8. Application of Bourdon

    240 F.2d 358 (C.C.P.A. 1957)   Cited 9 times

    Patent Appeal No. 6220. January 9, 1957. Campbell, Brumbaugh, Free Graves, New York City (Mark N. Donohue, Byron T. Gardner, and Worthington Campbell, New York City, of counsel), for appellant. Clarence W. Moore, Washington, D.C. (S.W. Cochran, Washington, D.C., of counsel), for Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON (retired), Associate Judges. WORLEY, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  12. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)