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Ex Parte Desai

8 Cited authorities

  1. CLS Bank International v. Alice Corp. Pty. Ltd.

    717 F.3d 1269 (Fed. Cir. 2013)   Cited 175 times   36 Legal Analyses
    Holding that the presumption of validity applies to challenges pursuant to Section 101

  2. In re Nuijten

    500 F.3d 1346 (Fed. Cir. 2007)   Cited 62 times   13 Legal Analyses
    Declining to import a tangible medium element into the claims directed to only encoded signals, which were unpatentable under § 101

  3. In re Asahi/America, Inc.

    68 F.3d 442 (Fed. Cir. 1995)   Cited 5 times

    No. 94-1249. DECIDED February 24, 1995. Gerald E. Hespos, Casella and Hespos, New York City, argued, for appellant. With him on the brief was Anthony J. Casella. Muriel E. Crawford, Associate Sol., Arlington, VA, argued, for appellee. With him on the brief were Albin F. Drost, Acting Sol. and Richard E. Schafer, Acting Associate Sol. Appeal from the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences. Before RADER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,389 times   1048 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

  5. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,014 times   1009 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  6. 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"

  7. 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

  8. 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 117 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"