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Ex Parte Cook et al

10932414 (B.P.A.I. Sep. 16, 2010)
Ex Parte Cook et al

10 Cited authorities

  1. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 463 times   16 Legal Analyses
    Holding actual use dispositive, regardless of the type of transfer

  2. Bell Communications v. Vitalink Communications

    55 F.3d 615 (Fed. Cir. 1995)   Cited 417 times   2 Legal Analyses
    Holding that part-time infringement is nonetheless infringement

  3. Sandisk Corp. v. Memorex Products, Inc.

    415 F.3d 1278 (Fed. Cir. 2005)   Cited 292 times   1 Legal Analyses
    Holding that "it is axiomatic that without more the court will not limit claim terms to a preferred embodiment described in the specification"

  4. Rowe v. Dror

    112 F.3d 473 (Fed. Cir. 1997)   Cited 228 times   3 Legal Analyses
    Finding that "balloon angioplasty catheter" in preamble to claim was structural limitation

  5. Boehringer Ingelheim v. Schering-Plough

    320 F.3d 1339 (Fed. Cir. 2003)   Cited 133 times   2 Legal Analyses
    Holding the court "must draw all reasonable inferences in favor of the nonmoving party . . . disregard all evidence favorable to the moving party that the jury was not required to believe"

  6. Kropa v. Robie

    187 F.2d 150 (C.C.P.A. 1951)   Cited 112 times   1 Legal Analyses
    Holding that preamble term "abrasive article" was "essential to point out the invention defined by the counts"

  7. 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."

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  9. 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

  10. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 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