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Ex Parte DiPierdomenico et al

14811889 - (D) (P.T.A.B. May. 14, 2019)
Ex Parte DiPierdomenico et al

11 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 587 times   76 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. Enzo Biochem, Inc. v. Gen-Probe Inc.

    323 F.3d 956 (Fed. Cir. 2002)   Cited 118 times   12 Legal Analyses
    Granting petition for rehearing and vacating prior panel decision reported at 285 F.3d 1013 (Fed. Cir. 2002)

  3. Blue Calypso, LLC v. Groupon, Inc.

    815 F.3d 1331 (Fed. Cir. 2016)   Cited 71 times   12 Legal Analyses
    Holding that petitioner failed to carry its burden of proving public accessibility of the allegedly invalidating reference

  4. Fromson v. Advance Offset Plate, Inc.

    720 F.2d 1565 (Fed. Cir. 1983)   Cited 148 times   2 Legal Analyses
    Holding that "evidence of the scope of a particular claim can be found on review of other claims"

  5. Union Oil of Cal. v. Atlantic Richfield

    208 F.3d 989 (Fed. Cir. 2000)   Cited 77 times   2 Legal Analyses
    Concluding that the application need only contain information sufficient for “persons of ordinary skill in the art to recognize that [the inventor] invented what is claimed”

  6. In re Cortright

    165 F.3d 1353 (Fed. Cir. 1999)   Cited 34 times   1 Legal Analyses
    Noting that the patent's written description must "illuminate a credible utility" to meet the enablement requirement

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,289 times   1031 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

  8. 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."

  9. 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"

  10. 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"

  11. 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