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Ex Parte Daems et al

13055718 (P.T.A.B. Sep. 29, 2016)
Ex Parte Daems et al

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 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. Constant v. Advanced Micro-Devices, Inc.

    848 F.2d 1560 (Fed. Cir. 1988)   Cited 748 times   4 Legal Analyses
    Holding that evidence of routine business practice can be used to prove that a reference was accessible

  3. Sakraida v. Ag Pro, Inc.

    425 U.S. 273 (1976)   Cited 237 times   1 Legal Analyses
    Holding that a combination is obvious if a patent "simply arranges old elements with each performing the same function it had been known to perform" and yields predictable results

  4. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  5. IN RE FOUT

    675 F.2d 297 (C.C.P.A. 1982)   Cited 24 times
    Holding preamble of Jepson-type claim to be admitted prior art where applicant's specification credited another as the inventor of the subject matter of the preamble

  6. Application of Nomiya

    509 F.2d 566 (C.C.P.A. 1975)   Cited 28 times   1 Legal Analyses

    Patent Appeal No. 74-514. February 6, 1975. Paul M. Craig, Jr., Washington, D.C., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; R. V. Lupo, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection under 35 U.S.C. § 103 of claims 1-8 and 33

  7. Application of Ludwig

    353 F.2d 241 (C.C.P.A. 1965)

    Patent Appeal No. 7470. December 2, 1965. Emanuel Herbert Liss, Buffalo, N.Y., for appellant. Clarence W. Moore, Washington, D.C. (S. Wm. Cochran, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. MARTIN, Judge. This is an appeal from a decision of the Board of Appeals affirming the rejection of claims 8-10 of appellant's application as obvious variations of certain prior art. These are all the claims remaining

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  10. 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

  11. Section 1.56 - Duty to disclose information material to patentability

    37 C.F.R. § 1.56   Cited 865 times   74 Legal Analyses
    Adopting broad standard of materiality requiring that information not be cumulative

  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