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Ex Parte Greenberg et al

13982822 (P.T.A.B. Aug. 30, 2017)
Ex Parte Greenberg et al

10 Cited authorities

  1. Perricone v. Medicis Pharmaceutical Corp.

    432 F.3d 1368 (Fed. Cir. 2005)   Cited 147 times   2 Legal Analyses
    Holding that a prior-art reference anticipated claims 1-4 and 7, but not claims 8, 9, and 13, because the latter set of claims contained one fewer limitation

  2. ACS Hospital Systems, Inc. v. Montefiore Hospital

    732 F.2d 1572 (Fed. Cir. 1984)   Cited 168 times   3 Legal Analyses
    Holding that patent claims "should be so construed, if possible, as to sustain their validity"

  3. Jansen v. Rexall Sundown, Inc.

    342 F.3d 1329 (Fed. Cir. 2003)   Cited 52 times   2 Legal Analyses
    Holding that a method of treating ... a male human in need of such treatment means a method practiced for the stated purpose

  4. Rapoport v. Dement

    254 F.3d 1053 (Fed. Cir. 2001)   Cited 55 times   3 Legal Analyses
    Finding no inherent anticipation where intent for administering buspirone as part of asserted claims - to treat sleep apnea - resulted in manipulative difference from method disclosed in prior art - which was to treat anxiety; dosing regime for anxiety was three times daily while regime for sleep apnea was larger dose once a day at time of sleep

  5. Whittaker Corp. ex rel. Technibilt Division v. UNR Industries, Inc.

    911 F.2d 709 (Fed. Cir. 1990)   Cited 42 times

    No. 89-1420. August 14, 1990. Alex Chartove, Spensley Horn Jubas Lubitz, of Washington, D.C., argued for plaintiff-appellee. W. Thad Adams, III, Spensley Horn Jubas Lubitz, of Washington, D.C., of counsel. John P. Milnamow, Dressler, Goldsmith, Shore, Suther Milnamow, Ltd., of Chicago, Ill., argued for defendant-appellant. With him on the brief was Karl R. Fink. Also on the brief were James W. Clement, Clement Ryan, of Chicago, Ill., and Floyd A. Gibson and Blas P. Arroyo, Bell, Seltzer, Park Gibson

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

    35 U.S.C. § 103   Cited 6,129 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."

  7. 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"

  8. 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

  9. 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

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)