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Ex Parte Cruz-Hernandez

12947532 (P.T.A.B. Nov. 30, 2018)
Ex Parte Cruz-Hernandez

15 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,576 times   189 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. WMS Gaming Inc. v. International Game Technology

    184 F.3d 1339 (Fed. Cir. 1999)   Cited 538 times   7 Legal Analyses
    Holding that district court correctly determined structure was "an algorithm executed by a computer," but "erred by failing to limit the claim to the algorithm disclosed in the specification"

  3. In re Gartside

    203 F.3d 1305 (Fed. Cir. 2000)   Cited 526 times   15 Legal Analyses
    Holding that factual determinations underlying an obviousness rejection under 35 U.S.C. § 103 are reviewed for substantial evidence

  4. In re Rouffet

    149 F.3d 1350 (Fed. Cir. 1998)   Cited 160 times   2 Legal Analyses
    Holding that objective evidence of nonobviousness [secondary considerations] "includes copying, long felt but unsolved need, failure of others, commercial success, unexpected results created by the claimed invention, unexpected properties of the claimed invention, licenses showing industry respect for the invention, and skepticism of skilled artisans before the invention"

  5. Leapfrog v. Fisher-Price

    485 F.3d 1157 (Fed. Cir. 2007)   Cited 90 times   5 Legal Analyses
    Holding that the objective considerations of nonobviousness presented, including substantial evidence of commercial success, praise, and long-felt need, were inadequate to overcome a strong showing of primary considerations that rendered the claims at issue invalid

  6. In re Dembiczak

    175 F.3d 994 (Fed. Cir. 1999)   Cited 93 times   2 Legal Analyses
    Refusing to consider an obviousness rejection raised for the first time on appeal from the PTO

  7. Cheese Sys., Inc. v. Tetra Pak Cheese & Powder Sys., Inc.

    725 F.3d 1341 (Fed. Cir. 2013)   Cited 53 times
    Affirming district court's striking in part of an expert declaration that included untimely disclosures

  8. Application of Ahlert

    424 F.2d 1088 (C.C.P.A. 1970)   Cited 8 times   1 Legal Analyses
    Requiring that applicants be given “the opportunity to challenge the correctness of the assertion or the notoriety or repute of the cited reference”

  9. In re Fox

    471 F.2d 1405 (C.C.P.A. 1973)   Cited 4 times   1 Legal Analyses
    Affirming rejection where examiner took “[o]fficial notice of the existence in the art of such recording and re-recording steps” for copying the contents of one audio tape onto another

  10. APPLICATION OF BOON

    439 F.2d 724 (C.C.P.A. 1971)   Cited 3 times   2 Legal Analyses

    Patent Appeal No. 8398. April 1, 1971. Rehearing Denied May 20, 1971. James M. Heilman, Heilman Heilman, Washington, D.C., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and NEWMAN, Judge, United States Customs Court, sitting by designation. BALDWIN, Judge. Boon appeals from the decision of the Patent Office Board of Appeals which affirmed the rejection

  11. 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."

  12. 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"

  13. 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

  14. 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)