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Ex Parte Crawley et al

10931092 (B.P.A.I. Jun. 22, 2009)
Ex Parte Crawley et al

7 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,179 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  3. 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."

  4. 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

  5. Section 3 - Officers and employees

    35 U.S.C. § 3   Cited 50 times   29 Legal Analyses
    Providing that “[t]he Director shall ... appoint such officers ... as the Director considers necessary, ... and delegate to them such of the powers vested in the Office as the Director may determine”

  6. Section 6 - Duties of Archivist

    3 U.S.C. § 6   Cited 13 times

    The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall- (1) be preserved for one year; (2) be a part of the public records of such office; and (3) be open to public inspection. 3 U.S.C. § 6 June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, §6, 65 Stat. 711; Pub. L. 98-497, title I, §107(e)(1), (2) (A), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117-328, div. P, title I, §105(a), Dec. 29, 2022, 136 Stat. 5236. EDITORIAL

  7. Section 5 - Patent and Trademark Office Public Advisory Committees

    35 U.S.C. § 5   Cited 8 times   2 Legal Analyses

    (a) ESTABLISHMENT OF PUBLIC ADVISORY COMMITTEES.- (1) APPOINTMENT.-The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on