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Ex Parte Gendron et al

09911846 (B.P.A.I. Jun. 2, 2009)
Ex Parte Gendron et al

5 Cited authorities

  1. Texas Instruments v. U.S. Intl. Trade Com'n

    988 F.2d 1165 (Fed. Cir. 1993)   Cited 270 times   1 Legal Analyses
    Holding that " 'whereby' clause that merely states the result of the limitations in the claim adds nothing to the patentability or substance of the claim."

  2. Unique Concepts, Inc. v. Brown

    939 F.2d 1558 (Fed. Cir. 1991)   Cited 206 times
    In Unique Concepts, Inc. v. Brown, 939 F.2d 1558, 19 USPQ2d 1500 (Fed. Cir. 1991) the patentee disclosed but did not claim an alternative embodiment having mitered corners, while the claims were specific to linear and right angle corners; the court held that the disclosure of this alternative embodiment, without claiming it, signaled an intention to disclaim or abandon it.

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

    35 U.S.C. § 103   Cited 6,130 times   479 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."

  4. 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"

  5. 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