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Ex Parte Haberle et al

12430954 (P.T.A.B. Mar. 4, 2013)
Ex Parte Haberle et al

8 Cited authorities

  1. In re Antor Media Corp.

    689 F.3d 1282 (Fed. Cir. 2012)   Cited 32 times   4 Legal Analyses

    No. 2011–1465. Reexamination Nos. 90/007,839 90/007,936 90/007,942 90/007,957 90/009,261. 2012-07-27 In re ANTOR MEDIA CORPORATION. Thomas A. Lewry, Brooks Kushman, P.C., of Southfield, Michigan, argued for appellant. With him on the brief was Thomas W. Cunningham. William Lamarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia. With him on the brief were Raymond T. Chen, Solicitor, and Robert J. McManus, Associate Solicitor. LOURIE

  2. McClain v. Ortmayer

    141 U.S. 419 (1891)   Cited 275 times   3 Legal Analyses
    In McClain v. Ortmayer, 141 U.S. 419, 12 S. Ct. 76, 79, 35 L. Ed. 800, the Supreme Court said, as to the claim that a patented article having gone into general use was evidence of utility: "It is not conclusive even of that, much less of its patentable novelty."

  3. Application of Heyna

    360 F.2d 222 (C.C.P.A. 1966)   Cited 2 times

    Patent Appeal No. 7650. May 19, 1966. Rehearing Denied July 28, 1966. Henry W. Koster, New York City, for appellants. Joseph Schimmel, Washington, D.C. (Raymond E. Martin, 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

  4. Application of Walters

    168 F.2d 79 (C.C.P.A. 1948)   Cited 2 times

    Patent Appeal No. 5440. May 4, 1948. Appeal from the Board of Appeals of the United States Patent Office, Serial No. 433,766. Proceedings in the matter of the application of Ernest G. Walters for a patent. From a decision of the Board of Appeals of the United States Patent Office affirming a decision of Primary Examiner rejecting certain claims of the application, the applicant appeals. Affirmed. Harry C. Duft and Cecil B. Hamilton, both of Washington, D.C., for appellant. W.W. Cochran, of Washington

  5. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,005 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  6. 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

  7. Section 371 - National stage: Commencement

    35 U.S.C. § 371   Cited 52 times   81 Legal Analyses
    Referring to the "requirements" in specific "subsection"

  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