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Ex Parte DeMirjian

12008925 (P.T.A.B. Apr. 28, 2014)
Ex Parte DeMirjian

10 Cited authorities

  1. Application of Facius

    408 F.2d 1396 (C.C.P.A. 1969)   Cited 23 times

    Patent Appeal No. 8238. April 10, 1969. Davidson C. Miller, John F. Witherspoon, Stevens, Davis, Miller Mosher, Washington, D.C., for appellant. Joseph Schimmel, Washington, D.C. (Joseph F. Nakamura, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND, and BALDWIN, Judges. BALDWIN, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the examiner's rejection of claims 1-4, all of the claims in appellant's

  2. Application of Harry

    333 F.2d 920 (C.C.P.A. 1964)   Cited 27 times

    Patent Appeal No. 7168. July 9, 1964. William A. Smith, Jr., Smith, Michael Gardiner, Washington, D.C., Eugene F. Buell, Hoopes, Leonard Buell, Pittsburgh, Pa., for appellants. Clarence W. Moore, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of all claims of application

  3. Application of Spiller

    500 F.2d 1170 (C.C.P.A. 1974)   Cited 9 times

    Patent Appeal No. 9174. August 8, 1974. Rehearing Denied November 14, 1974. Arnold G. Gulko, Arlington, Va., Dressler, Goldsmith, Clement Gordon, Ltd., Chicago, Ill., attorney of record, for appellant; David H. Badger, Ransburg Corporation, Indianapolis, Ind., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and

  4. Application of Borkowski

    505 F.2d 713 (C.C.P.A. 1975)   Cited 5 times

    Patent Appeal No. 74-564. November 27, 1974. Rehearing Denied January 23, 1975. Barry A. Bisson, Wilmington, Del., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's

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

    35 U.S.C. § 103   Cited 6,066 times   464 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."

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   964 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 183 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"

  8. 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

  9. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 116 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)