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Ex Parte Gaag

8 Cited authorities

  1. In re Spada

    911 F.2d 705 (Fed. Cir. 1990)   Cited 58 times   1 Legal Analyses
    Holding that the claims were properly rejected by the PTO because they were anticipated by a prior art reference

  2. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 28 times
    Affirming § 103 rejection when § 102 rejection would also have been appropriate

  3. Application of Zierden

    411 F.2d 1325 (C.C.P.A. 1969)   Cited 11 times   1 Legal Analyses

    Patent Appeal No. 8161. June 19, 1969. Eugene F. Buell, Buell, Blenko Ziesenheim, Pittsburgh, Pa., attys. of record, for appellant. Joseph Schimmel, Washington, D.C., for Commissioner of Patents. Jack E. Armore, Washington, D.C., of record. Before RICH, Acting Chief Judge, DURFEE and NEESE, Judges, sitting by designation and ALMOND and BALDWIN, Associate Judges. RICH, Acting Chief Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming

  4. In re Hack

    245 F.2d 246 (C.C.P.A. 1957)   Cited 23 times   1 Legal Analyses
    Recognizing the "principle that the grant of a patent on a . . . machine cannot be predicated on a new use of that machine"

  5. Application of Benner

    174 F.2d 938 (C.C.P.A. 1949)   Cited 13 times

    Patent Appeal No. 5520. April 12, 1949. Rehearing Denied June 24, 1949. Appeal from the Board of Appeals of the United States Patent Office, Serial No. 456,576. Proceeding in the matter of the application of Raymond C. Benner and another for patent on "ball mill". From a decision of the Board of Appeals of the United States Patent Office affirming the rejection by a patent examiner of claims 17 to 24, inclusive, and 26 to 34, inclusive, the applicants appeal. Affirmed. William H. Webb, of Pittsburgh

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

    35 U.S.C. § 103   Cited 6,056 times   448 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."

  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 1.136 - 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)