§

Ex Parte Eisen et al

11008592 (B.P.A.I. Aug. 29, 2007)
Ex Parte Eisen et al

15 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,569 times   187 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. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,187 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Abbott Lab. v. Andrx Pharmaceuticals

    452 F.3d 1331 (Fed. Cir. 2006)   Cited 187 times   4 Legal Analyses
    Holding that the public interest is best served by denying a preliminary injunction when a party did not establish a likelihood of success on the merits

  4. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 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

  5. In re Etter

    756 F.2d 852 (Fed. Cir. 1985)   Cited 121 times   1 Legal Analyses
    Noting that whether one prior art reference can be incorporated into another is "basically irrelevant."

  6. In re Geisler

    116 F.3d 1465 (Fed. Cir. 1997)   Cited 52 times   4 Legal Analyses
    Finding a 26 percent improvement in wear resistance insufficient to constitute proof of "substantially improved results"

  7. Arthrocare Corp. v. Smith Nephew, Inc.

    406 F.3d 1365 (Fed. Cir. 2005)   Cited 28 times
    Holding that patent claims were anticipated by an earlier patent and citing testimony by an expert witness who opined on how a person of ordinary skill in the art would understand the teachings of that earlier patent

  8. In re Johnston

    435 F.3d 1381 (Fed. Cir. 2006)   Cited 23 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

  9. In re Harris

    409 F.3d 1339 (Fed. Cir. 2005)   Cited 14 times
    Holding that unexpected results require a difference in kind, not merely degree (citing In re Huang, 100 F.3d 135, 139 (Fed. Cir. 1996))

  10. In re Inland Steel Co.

    265 F.3d 1354 (Fed. Cir. 2001)   Cited 15 times   1 Legal Analyses
    Finding commercial success inadequate to rebut invalidity where there was a strong prima facie case of obviousness

  11. Section 8 - Classification of patents

    35 U.S.C. § 8   Cited 5 times

    The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed. 35 U.S.C. § 8 July 19, 1952, ch. 950, 66 Stat. 794, §9; renumbered §8 and amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat