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Ex Parte Dempsey et al

12912478 (P.T.A.B. May. 24, 2016)
Ex Parte Dempsey et al

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,520 times   172 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. Power-One Inc. v. Artesyn Technologies, Inc.

    599 F.3d 1343 (Fed. Cir. 2010)   Cited 142 times   3 Legal Analyses
    Finding that a claim is not indefinite if "the meaning of the claim is discernible, even though the task may be formidable and the conclusions may be one over which reasonable persons will disagree."

  3. In re Clay

    966 F.2d 656 (Fed. Cir. 1992)   Cited 87 times   10 Legal Analyses
    Concluding that a reference was not reasonably pertinent where a PHOSITA "would not reasonably have expected to solve the [relevant] problem ... by considering" that reference

  4. 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

  5. Application of Slayter

    276 F.2d 408 (C.C.P.A. 1960)   Cited 8 times   1 Legal Analyses
    Stating that species anticipate a generic claim

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,281 times   1027 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

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

    35 U.S.C. § 103   Cited 6,059 times   449 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  9. 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

  10. Section 103 - Government corporation

    5 U.S.C. § 103   Cited 21 times
    Identifying government corporations

  11. 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)