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Ex Parte Davis et al

10057534 (B.P.A.I. Apr. 11, 2008)
Ex Parte Davis et al

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 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. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. In re Peterson

    315 F.3d 1325 (Fed. Cir. 2003)   Cited 69 times   14 Legal Analyses
    Holding that any overlap between a claimed range and one in the prior art is sufficient for a prima facie case of obviousness, even if insufficient to render it unpatentable

  4. In re Longi

    759 F.2d 887 (Fed. Cir. 1985)   Cited 107 times   8 Legal Analyses
    Holding that a patent application was properly rejected for obviousness-type double patenting where the prior art references indicated a reasonable expectation of success

  5. Rohm & Haas Co. v. Brotech Corp.

    127 F.3d 1089 (Fed. Cir. 1997)   Cited 59 times
    Concluding that courts should evaluate the question of objective baselessness "in light of ... information [available] at the time of filing"

  6. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  7. Application of Boesch

    617 F.2d 272 (C.C.P.A. 1980)   Cited 17 times

    Appeal No. 79-597. March 13, 1980. Rehearing Denied July 3, 1980. Robert F. Dropkin and Vincent G. Gioia, Pittsburgh, Pa., attorneys of record for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and MALETZ, Judges. The Honorable Herbert N. Maletz of the United States Customs Court, sitting

  8. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  9. In re Sovish

    769 F.2d 738 (Fed. Cir. 1985)   Cited 8 times

    Appeal No. 85-781. July 26, 1985. James W. Geriak, Lyon Lyon, of Los Angeles, Cal., argued, for appellants. With him on brief were Roy L. Anderson and William E. Mouzavires, Lyon Lyon, Washington, D.C. Fred W. Sherling, Associate Solicitor, U.S. Patent Trademark Office, Arlington, Va., argued, for appellee. With him on brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Board of Appeals. Before RICH, Circuit

  10. In re Kerkhoven

    626 F.2d 846 (C.C.P.A. 1980)   Cited 6 times   2 Legal Analyses

    Appeal No. 79-586. May 15, 1980. James J. Farrell, New York City, attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, and Trademarks; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and NEWMAN, Judge. The Honorable Bernard Newman, United States Customs Court, sitting by designation. NEWMAN, Judge. This is an

  11. 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."

  12. 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"

  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 1.192-1.196 - Reserved

    37 C.F.R. § 1.192-1.196   Cited 20 times   4 Legal Analyses
    Requiring "a statement . . . that the claims of the group do not stand or fall together," and an explanation "why the claims of the group are believed to be separately patentable"