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Ex parte Cullen et al.

08453003 (B.P.A.I. Sep. 27, 2001)
Ex parte Cullen et al.

8 Cited authorities

  1. 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"

  2. Pro-Mold Tool Co. v. Great Lakes Plastics

    75 F.3d 1568 (Fed. Cir. 1996)   Cited 155 times   2 Legal Analyses
    Holding that, though we do not have exclusive jurisdiction over unfair competition claims, our own circuit law nonetheless determines when inequitable conduct also constitutes unfair competition

  3. B.F. Goodrich Co. v. Aircraft Braking Systems

    72 F.3d 1577 (Fed. Cir. 1996)   Cited 93 times
    Affirming finding of no intent to deceive; omitted prior art reference was in files of several employees, but evidence did not show that inventor or attorney knew of it

  4. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 69 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  5. In re Morris

    127 F.3d 1048 (Fed. Cir. 1997)   Cited 49 times   7 Legal Analyses
    Holding that, in reviewing a claim construction decided under the ‘broadest reasonable interpretation’ standard, we determine whether the interpretation is within the range of reasonableness

  6. In re Dow Chemical Co.

    837 F.2d 469 (Fed. Cir. 1988)   Cited 58 times   2 Legal Analyses
    Stating that the "five to six years of research that preceded the claimed invention" was entitled to fair evidentiary weight in a determination of nonobviousness

  7. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,172 times   492 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 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