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Ex Parte Gichana et al

9 Cited authorities

  1. Markman v. Westview Instruments, Inc.

    517 U.S. 370 (1996)   Cited 5,486 times   66 Legal Analyses
    Holding that claim construction is a matter of law for the court

  2. Markman v. Westview Instruments, Inc.

    52 F.3d 967 (Fed. Cir. 1995)   Cited 5,227 times   12 Legal Analyses
    Holding that inventor testimony as to "[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history)."

  3. Trading Tech., v. Espeed, Inc.

    595 F.3d 1340 (Fed. Cir. 2010)   Cited 172 times   6 Legal Analyses
    Holding that the reference to the system of the present invention strongly suggests that the claimed re-centering command requires a manual input

  4. Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc.

    334 F.3d 1294 (Fed. Cir. 2003)   Cited 159 times   1 Legal Analyses
    Holding that "the correct meaning of a word or phrase is informed only by considering the surrounding text. . . . [R]esort must always be made to the surrounding text of the claims in question, the other claims, the written description and the prosecution history."

  5. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  6. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 90 times   2 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1029 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 189 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 99 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