§

Ex Parte Courtney et al

11220162 - (D) (P.T.A.B. Jun. 24, 2013)
Ex Parte Courtney et al

13 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Ethicon, Inc. v. Quigg

    849 F.2d 1422 (Fed. Cir. 1988)   Cited 656 times   5 Legal Analyses
    Holding the Board may not indefinitely stay an ex parte reexamination in light of parallel district court litigation via the "special dispatch" standard

  3. In re Katz Interactive Call Proc. Patent

    639 F.3d 1303 (Fed. Cir. 2011)   Cited 282 times   16 Legal Analyses
    Holding that it is "not necessary to disclose more structure than the general purpose processor that performs those functions" because such functions are "coextensive with the structure disclosed."

  4. Ergo Licensing, LLC v. CareFusion 303, Inc.

    673 F.3d 1361 (Fed. Cir. 2012)   Cited 120 times   3 Legal Analyses
    Holding indefinite a claim reciting a computer-implemented means-plus-function term where "[t]he specification merely provide[d] functional language and d[id] not contain any step-by-step process" for performing the claimed function

  5. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 141 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  6. Custom Accessories v. Jeffrey-Allan Indus

    807 F.2d 955 (Fed. Cir. 1986)   Cited 176 times   1 Legal Analyses
    Holding that upon reissue, the burden of proving invalidity is "made heavier"

  7. In re Sang-Su Lee

    277 F.3d 1338 (Fed. Cir. 2002)   Cited 105 times   11 Legal Analyses
    Holding that agency tribunals "must make findings of relevant facts, and present its reasoning in sufficient detail that the court may conduct meaningful review of the agency action"

  8. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,280 times   1025 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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,056 times   449 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  11. 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

  12. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)