Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§
Ex Parte Gluckman et al

13 Cited authorities

  1. Oddzon Products, Inc. v. Just Toys, Inc.

    122 F.3d 1396 (Fed. Cir. 1997)   Cited 248 times   6 Legal Analyses
    Holding that under § 103, "an invention, A’, that is obvious in view of subject matter A, derived from another, is also unpatentable. The obvious invention, A’, may not be unpatentable to the inventor of A, and it may not be unpatentable to a third party who did not receive the disclosure of A, but it is unpatentable to the party who did receive the disclosure" and thus that "subject matter derived from another not only is itself unpatentable to the party who derived it under § 102(f), but, when combined with other prior art, may make a resulting obvious invention unpatentable to that party under a combination of §§ 102(f) and 103."

  2. Ormco Corp. v. Align Technology

    498 F.3d 1307 (Fed. Cir. 2007)   Cited 132 times   2 Legal Analyses
    Finding that where the Federal Circuit had previously decided that two dependent claims of a patent were invalid as obvious, that necessarily meant that the two “broader” independent claims from which the previously-invalidated claims depended must also be invalid

  3. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  4. Aventis Pharma Deutschland v. Lupin

    499 F.3d 1293 (Fed. Cir. 2007)   Cited 40 times   4 Legal Analyses
    Holding that "if it is known that some desirable property of a mixture derives in whole or in part from a particular one of its components, or if the prior art would provide a person of ordinary skill in the art with reason to believe that this is so, the purified compound is prima facie obvious over the mixture"

  5. In re Johnston

    435 F.3d 1381 (Fed. Cir. 2006)   Cited 23 times   1 Legal Analyses
    Finding that many factors are relevant to the motivation to combine aspect of the obviousness inquiry, including the extent to which the references are in the same or related fields of technology

  6. In re Deckler

    977 F.2d 1449 (Fed. Cir. 1992)   Cited 9 times   2 Legal Analyses
    Holding that a losing priority judgment in an interference proceeding bars the loser from obtaining a patent containing claims that are patentably indistinguishable from the claims corresponding to the lost count

  7. Woods v. Tsuchiya

    754 F.2d 1571 (Fed. Cir. 1985)   Cited 8 times   3 Legal Analyses
    Noting that award of sanctions falls within the Board of Interference's discretion

  8. Application of McKellin

    529 F.2d 1324 (C.C.P.A. 1976)   Cited 15 times   1 Legal Analyses

    Patent Appeal No. 75-539. January 22, 1976. Carl A. Hechmer, Jr., Philadelphia, Pa., attorney of record, for appellants. (Howson Howson) William E. Hedges, Charles H. Howson, Jr., Philadelphia, Pa., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. LANE, Judge. This is an appeal from the

  9. Application of Muchmore

    433 F.2d 824 (C.C.P.A. 1970)   Cited 5 times

    Patent Appeal No. 8356. November 25, 1970. Lyon Lyon, James W. Geriak, Douglas E. Olson, Los Angeles, Cal., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; R.E. Martin, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN, LANE, Associate Judges, and RE, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the examiner's rejection

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

    35 U.S.C. § 103   Cited 6,174 times   493 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."

  11. 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"

  12. 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

  13. Section 41.8 - Mandatory notices

    37 C.F.R. § 41.8   Cited 2 times   6 Legal Analyses

    (a) In an appeal brief (§§ 41.37 , 41.67 , or 41.68 ) or at the initiation of a contested case (§ 41.101 ), and within 20 days of any change during the proceeding, a party must identify: (1) Its real party-in-interest, and (2) Each judicial or administrative proceeding that could affect, or be affected by, the Board proceeding. (b) For contested cases, a party seeking judicial review of a Board proceeding must file a notice with the Board of the judicial review within 20 days of the filing of the