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Ex Parte DEN BOEF et al

14264547 (P.T.A.B. Sep. 20, 2018)
Ex Parte DEN BOEF et al

9 Cited authorities

  1. Eli Lilly & Co. v. Barr Laboratories, Inc.

    251 F.3d 955 (Fed. Cir. 2001)   Cited 387 times   8 Legal Analyses
    Holding that the best mode does not extend to unclaimed, non-novel subject matter

  2. Schering Corp. v. Geneva Pharmaceuticals

    339 F.3d 1373 (Fed. Cir. 2003)   Cited 339 times   8 Legal Analyses
    Holding a claim invalid as anticipated when it claimed compounds in Markush form and a prior art reference disclosed one of the claimed compounds

  3. In re Omeprazole Patent

    483 F.3d 1364 (Fed. Cir. 2007)   Cited 87 times   3 Legal Analyses
    Stating that an "inequitable conduct claim was not technically moot, because it would have rendered the entire . . . patent unenforceable, rather than just the claims that were held invalid"

  4. MEHL/Biophile Int’l Corp. v. Milgraum

    192 F.3d 1362 (Fed. Cir. 1999)   Cited 108 times   2 Legal Analyses
    Finding anticipation by inherency of a method of hair depilation

  5. In re Montgomery

    677 F.3d 1375 (Fed. Cir. 2012)   Cited 37 times   5 Legal Analyses
    Holding that "[c]laim construction is a question of law"

  6. In re Oelrich

    666 F.2d 578 (C.C.P.A. 1981)   Cited 93 times   5 Legal Analyses
    Stating that "[t]he mere fact that a certain thing may result from a given set of circumstances is not sufficient" to establish inherency (quoting Hansgirg v. Kemmer , 102 F.2d 212, 214 (C.C.P.A. 1939) )

  7. In re Baker Hughes Inc.

    215 F.3d 1297 (Fed. Cir. 2000)   Cited 22 times

    No. 99-1463 DECIDED: June 14, 2000 Appealed from Patent Trademark Office Board of Patent Appeals Interferences (Reexamination Nos. 90/003,346 and 90/003,873). Kenneth Solomon, Howell Haferkamp, L.C., of St. Louis, Missouri, argued for appellant. Kristin L. Yohannan, Associate Solicitor, Office of the Solicitor, Arlington, Virginia, argued for appellee. With her on the brief wereAlbin F. Drost, Acting Solicitor; John M. Whealan, Acting Deputy Solicitor; and Kevin G. Baer, Associate Solicitor. Of counsel

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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