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Ex Parte Gulker et al

11939132 (B.P.A.I. Jun. 25, 2012)
Ex Parte Gulker et al

11 Cited authorities

  1. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 397 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  2. ICU Medical, Inc. v. Alaris Medical Systems, Inc.

    558 F.3d 1368 (Fed. Cir. 2009)   Cited 179 times   8 Legal Analyses
    Finding that importing limitations from the specification into the claims may be proper where the specification "repeatedly and uniformly describes the spike as a pointed instrument for the purpose of piercing a seal inside the valve."

  3. In re Kaslow

    707 F.2d 1366 (Fed. Cir. 1983)   Cited 75 times
    Holding that prior demonstration of computerized supermarket UPC code system was prior use under meaning of Section 102(b)

  4. In re Warmerdam

    33 F.3d 1354 (Fed. Cir. 1994)   Cited 20 times
    Holding unpatentable a process for controlling objects to avoid collisions which described “nothing more than the manipulation of basic mathematical constructs, the paradigmatic ‘abstract idea’ ”

  5. Application of Gardner

    427 F.2d 786 (C.C.P.A. 1970)   Cited 26 times

    Patent Appeal No. 8311. June 25, 1970. Arthur R. Eglington, attorney of record for appellants, George J. Harding, 3rd, Joan S. Keps, Philadelphia, Pa., of counsel. S. Wm. Cochran, Washington, D.C., for Commissioner of Patents, Leroy B. Randall, Jack Armore, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation. RICH, Acting Chief Judge. This appeal is from the decision of the Patent

  6. Application of Hammack

    427 F.2d 1378 (C.C.P.A. 1970)   Cited 12 times
    Finding claims invalid for indefiniteness where claims “serv[ed] as a shadowy framework upon which are located words lacking in precise referents in the specification”

  7. Application of Miller

    441 F.2d 689 (C.C.P.A. 1971)   Cited 11 times

    Patent Appeal No. 8444. May 13, 1971. Jay P. Friedenson, Morristown, N.J., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Joseph F. Nakamura, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and FORD, Judge, United States Customs Court, sitting by designation. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1, 2, and 4-18 in appellant's

  8. Application of Merat

    519 F.2d 1390 (C.C.P.A. 1975)   Cited 3 times

    Patent Appeal No. 74-588. August 7, 1975. A. W. Breiner, Arlington, Va., attorney of record, for appellant. Donald M. Wight, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Henry W. Tarring, II, 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, Associate Judges. RICH, Judge: This appeal is from the decision of the Patent and Trademark Office

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,418 times   1068 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

  10. 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"

  11. 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