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Ex Parte Geller et al

14932730 - (D) (P.T.A.B. Jun. 28, 2019)
Ex Parte Geller et al

10 Cited authorities

  1. Ricoh Co. v. Quanta Computer Inc.

    550 F.3d 1325 (Fed. Cir. 2009)   Cited 214 times   3 Legal Analyses
    Holding that a party that sells or offers to sell software containing instructions to perform the patented method does not infringe the patent under § 271

  2. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  3. Hoffer v. Microsoft Corp.

    405 F.3d 1326 (Fed. Cir. 2005)   Cited 99 times   2 Legal Analyses
    Holding that claim 22, which depends from nonexistent claim 38, could be corrected because the error in the dependency was evident based on the face of the patent and that the correct antecedent claim was apparent from the prosecution history

  4. Bausch & Lomb, Inc. v. Barnes-Hind/Hydrocurve, Inc.

    796 F.2d 443 (Fed. Cir. 1986)   Cited 145 times
    Holding that the term "smooth," in light of the intrinsic record, "means smooth enough to serve the inventor's purpose"

  5. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 84 times   8 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  6. Vizio v. Intl, Trade Comm

    605 F.3d 1330 (Fed. Cir. 2010)   Cited 37 times   1 Legal Analyses
    Holding that the preamble phrase "apparatus for decoding" in a product claim was "properly construed as a claim limitation, and not merely a statement of purpose or intended use for the invention, because 'decoding' [was] the essence or a fundamental characteristic of the claimed invention."

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

    35 U.S.C. § 103   Cited 6,166 times   492 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."

  8. 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"

  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

  10. 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