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Ex Parte GELFAND et al

12421188 (P.T.A.B. Aug. 2, 2018)
Ex Parte GELFAND et al

9 Cited authorities

  1. Life Techs. Corp. v. Promega Corp.

    137 S. Ct. 734 (2017)   Cited 32 times   11 Legal Analyses
    Concluding the term "substantial" was ambiguous because it "may refer either to qualitative importance or to quantitatively large size"

  2. Atlas Powder Co. v. E.I. du Pont De Nemours & Co.

    750 F.2d 1569 (Fed. Cir. 1984)   Cited 243 times   6 Legal Analyses
    Holding that, where "patent disclosure list[ed] numerous salts, fuels, and emulsifiers that could form thousands of" claimed combinations, some of which would be inoperable, "the claims [were] not necessarily invalid" for lack of enablement unless a POSA needed to "experiment unduly in order to practice the claimed invention"

  3. Promega Corp. v. Life Techs. Corp.

    773 F.3d 1338 (Fed. Cir. 2014)   Cited 12 times   10 Legal Analyses
    In Promega, decided after Cardiac Pacemakers, this court confirmed that worldwide sales are relevant to the damages determination under § 271(f), i.e., that Union Carbide's holding with respect to the relevance of foreign sales remains good law. 773 F.3d at 1350–51.

  4. Application of Angstadt

    537 F.2d 498 (C.C.P.A. 1976)   Cited 33 times   7 Legal Analyses
    Holding that patent applicants are not required to enable every species encompassed by their claims

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,413 times   1065 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

  6. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,543 times   2297 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  7. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  8. Section 101 - Executive departments

    5 U.S.C. § 101   Cited 136 times   7 Legal Analyses
    Listing the Department of Commerce as an Executive department

  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