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Ex Parte Cotter

10 Cited authorities

  1. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 397 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  2. Lockwood v. American Airlines, Inc.

    107 F.3d 1565 (Fed. Cir. 1997)   Cited 305 times   6 Legal Analyses
    Holding that "[e]ach application in the chain must describe the claimed features" and that if "one of the intervening applications does not describe" the subject matter, the later application cannot claim the benefit of the earlier application

  3. Gentry Gallery Inc. v. the Berkline Corp.

    134 F.3d 1473 (Fed. Cir. 1998)   Cited 211 times   4 Legal Analyses
    Holding that a claim “may be no broader than the supporting disclosure”

  4. Cooper Cameron v. Kvaerner Oilfield Prod

    291 F.3d 1317 (Fed. Cir. 2002)   Cited 79 times   1 Legal Analyses
    Holding that no reasonable juror could find that a port placed above two plugs could be insubstantially different from a port placed in between the two plugs

  5. Waldemar Link v. Osteonics Corp.

    32 F.3d 556 (Fed. Cir. 1994)   Cited 53 times
    Reviewing priority date rules

  6. Martin v. Mayer

    823 F.2d 500 (Fed. Cir. 1987)   Cited 23 times
    Holding that the written description requirement is "not a question of whether one skilled in the art might be able to construct the patentee's device from the teachings of the disclosure. . . . Rather, it is a question whether the application necessarily discloses that particular device"

  7. Jepson v. Coleman

    314 F.2d 533 (C.C.P.A. 1963)   Cited 26 times
    Finding negative defined embodiment insufficient because device may or may not have features found in claim

  8. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,419 times   1068 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

  9. 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

  10. 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)