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Ex Parte Gambrel

12670768 (P.T.A.B. Apr. 27, 2017)
Ex Parte Gambrel

9 Cited authorities

  1. Sundance, Inc. v. DeMonte Fabricating Ltd.

    550 F.3d 1356 (Fed. Cir. 2008)   Cited 180 times   9 Legal Analyses
    Holding that the district court abused its discretion in permitting a witness not qualified as an expert in the pertinent art to testify as an expert regarding issues of noninfringement or invalidity

  2. Unigene Laboratories, Inc. v. Apotex, Inc.

    655 F.3d 1352 (Fed. Cir. 2011)   Cited 89 times   2 Legal Analyses
    Declining to find a claim obvious when the when prior art does not provide "indication of which parameters were critical" or "direction as to which of many possible choices is likely to be successful"

  3. In re Montgomery

    677 F.3d 1375 (Fed. Cir. 2012)   Cited 38 times   5 Legal Analyses
    Holding that "[c]laim construction is a question of law"

  4. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  5. Application of Warner

    379 F.2d 1011 (C.C.P.A. 1967)   Cited 22 times   1 Legal Analyses

    Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U

  6. Application of Sporck

    301 F.2d 686 (C.C.P.A. 1962)   Cited 24 times

    Patent Appeal No. 6709. May 4, 1962. Frederick J. Olsson, Synnestvedt Lechner, Philadelphia, Pa., for appellant. Clarence W. Moore, Washington, D.C. (Joseph F. Nakamura, Washington, D.C., of counsel) for Commissioner of Patents. [Oral argument October 9, 1961, by Mr. Olsson and Mr. Nakamura] Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate

  7. 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"

  8. 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"

  9. 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