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Ex parte DALHART et al.

07986521 (B.P.A.I. Feb. 25, 1998)
Ex parte DALHART et al.

4 Cited authorities

  1. RCA Corp. v. Applied Digital Data Systems, Inc.

    730 F.2d 1440 (Fed. Cir. 1984)   Cited 57 times
    Holding that dependent claim "cannot be anticipated" where the independent claim "is not anticipated"

  2. Application of Turlay

    304 F.2d 893 (C.C.P.A. 1962)   Cited 5 times

    Patent Appeal No. 6816. July 25, 1962. George H. Willits, Alexander F. Baillio, Lewis D. Burch Doonan Dwight McGraw, Detroit, Mich. (Frank J. Soucek, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated

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

    35 U.S.C. § 103   Cited 6,129 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"