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Ex Parte Gruender

11250330 (B.P.A.I. Sep. 17, 2010)
Ex Parte Gruender

10 Cited authorities

  1. Rodime PLC v. Seagate Technology, Inc.

    174 F.3d 1294 (Fed. Cir. 1999)   Cited 203 times
    Holding a claim recited sufficient structure where the limitation was "positioning means" and the claim "provid[ed] a list of the structure underlying the means"

  2. PPG Industries v. Guardian Industries Corp.

    156 F.3d 1351 (Fed. Cir. 1998)   Cited 204 times   2 Legal Analyses
    Holding that, for a claim reciting glass "consisting essentially of" certain materials, the district court properly "left it to the jury to determine whether the amounts of [an unclaimed ingredient had] a material effect on the basic and novel characteristics of the glass"

  3. In re Herz

    537 F.2d 549 (C.C.P.A. 1976)   Cited 5 times   1 Legal Analyses
    Noting that the transitional phrase "consisting essentially of" permits some additional elements, but excludes additional unspecified materials or steps that would "materially affect the basic and novel characteristic" of the claimed invention

  4. In re de Lajarte

    337 F.2d 870 (C.C.P.A. 1964)   Cited 5 times

    Patent Appeal No. 7237. November 5, 1964. John L. Seymour, Bauer Seymour, New York City, for appellant. Clarence W. Moore, Washington, D.C., (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief Judge WORLEY, pursuant to provisions of Section

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  6. 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"

  7. 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

  8. 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

  9. Section 1.136 - [Effective until 1/19/2025] 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)

  10. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by