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Ex Parte Concilio et al

10725193 (B.P.A.I. Feb. 28, 2011)
Ex Parte Concilio et al

9 Cited authorities

  1. Computervision Corp. v. Perkin-Elmer Corp.

    469 U.S. 857 (1984)   Cited 154 times
    Applying Federal Circuit law on review of denial of post-verdict motion

  2. Perkin-Elmer Corp. v. Computervision Corp.

    732 F.2d 888 (Fed. Cir. 1984)   Cited 370 times   1 Legal Analyses
    Holding that when "a court does not discuss certain propositions," that "does not make the decision inadequate or suggest the court failed to understand them"

  3. Gerber Garment Technology v. Lectra Systems

    916 F.2d 683 (Fed. Cir. 1990)   Cited 55 times   4 Legal Analyses
    Approving of the description of the purpose of § 121 set forth in concurring opinion in Studiengesellschaft

  4. In re Stencel

    828 F.2d 751 (Fed. Cir. 1987)   Cited 33 times
    Noting that "such [non-limiting] statements often, although not necessarily, appear in the claim's preamble"

  5. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 29 times
    Concluding a compound was undisputedly taught in the prior art and then determining that additional limitations that merely "set forth the intended use for, or a property inherent in, an otherwise old composition . . . do not differentiate the claimed composition from those known to the prior art"

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

    35 U.S.C. § 103   Cited 6,174 times   493 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 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"

  8. 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

  9. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 8 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by