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Ex Parte Dunbar et al

12103841 (P.T.A.B. Sep. 8, 2014)
Ex Parte Dunbar et al

19 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 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. Catalina Market. Intern. v. Coolsavings.com

    289 F.3d 801 (Fed. Cir. 2002)   Cited 648 times   5 Legal Analyses
    Holding that "the claims, specification, and prosecution history of the041 patent demonstrate that the preamble phrase `located at predesignated sites such as consumer stores' is not a limitation of Claim 1," for "the applicant did not rely on this phrase to define its invention nor is the phrase essential to understand limitations or terms in the claim body"

  3. Hewlett-Packard Co. v. Bausch Lomb Inc.

    909 F.2d 1464 (Fed. Cir. 1990)   Cited 316 times   7 Legal Analyses
    Holding § 271(c) codified common law doctrine prohibiting sale of "component" that "had no other use except with claimed product or process"

  4. Harris Corp. v. Ericsson Inc.

    417 F.3d 1241 (Fed. Cir. 2005)   Cited 169 times   4 Legal Analyses
    Holding that while "[w]aiver is a procedural issue," the question of whether there has been "waiver of a claim construction argument . . . [is] indisputably unique to patent law"

  5. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 148 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  6. Paragon Solutions v. Timex Corporation

    566 F.3d 1075 (Fed. Cir. 2009)   Cited 74 times   2 Legal Analyses
    Holding "real-time" could not mean instantaneous, in part, because "two of the claimed types of real-time data—velocity and pace—are calculations of the rate of movement. Because a rate of movement is simply distance moved over time (or time over distance moved), calculation of a rate of movement necessarily requires the passage of a non-zero amount of time."

  7. In re Johnston

    435 F.3d 1381 (Fed. Cir. 2006)   Cited 22 times   1 Legal Analyses
    Finding that many factors are relevant to the motivation to combine aspect of the obviousness inquiry, including the extent to which the references are in the same or related fields of technology

  8. In re Bell

    991 F.2d 781 (Fed. Cir. 1993)   Cited 32 times   1 Legal Analyses

    No. 92-1375. April 20, 1993. Robert P. Blackburn, Chiron Corp., Emeryville, CA, argued for appellant. With him on the brief were Debra A. Shetka and Thomas E. Ciotti, Morrison Foerster, Palo Alto, CA, and Donald S. Chisum, Morrison Foerster, Seattle, WA. Teddy S. Gron, Associate Sol., Office of the Sol., Arlington, VA, argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Of counsel were John W. Dewhirst, Lee E. Barrett, Richard E. Schafer and Albin F. Drost. Appeal from the Patent

  9. Superior Indus., Inc. v. Masaba, Inc.

    553 F. App'x 986 (Fed. Cir. 2014)   Cited 6 times   1 Legal Analyses

    2013-1302 01-16-2014 SUPERIOR INDUSTRIES, INC., Plaintiff-Appellant, v. MASABA, INC., Defendant-Appellee. JOHN M. WEYRAUCH, Dicke, Billig & Czaja, PLLC, of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were PAUL P. KEMPF and PETER R. FORREST. Of counsel was PATRICK G. BILLIG. TIM R. SHATTUCK, Woods, Fuller, Shultz & Smith, P.C., of Sioux Falls, South Dakota, argued for defendant-appellee. With him on the brief was SANDER J. MOREHEAD. Of counsel on the brief was JEFFREY

  10. Application of Rinehart

    531 F.2d 1048 (C.C.P.A. 1976)   Cited 44 times
    Considering the problem to be solved in a determination of obviousness

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,287 times   1030 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

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

    35 U.S.C. § 103   Cited 6,063 times   460 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."

  13. 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"

  14. 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

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. 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)

  18. Section 41.1 - Policy

    37 C.F.R. § 41.1   Cited 1 times   6 Legal Analyses

    (a)Scope. Part 41 governs appeals and interferences before the Patent Trial and Appeal Board. Sections 1.1 to 1.36 and 1.181 to 1.183 of this title also apply to practice before the Board, as do other sections of part 1 of this title that are incorporated by reference into part 41. (b)Construction. The provisions of Part 41 shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding before the Board. (c)Decorum. Each party must act with courtesy and decorum in all