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Ex Parte Hasemann

12756814 (B.P.A.I. May. 21, 2012)
Ex Parte Hasemann

12 Cited authorities

  1. North American Container v. Plastipak Pack

    415 F.3d 1335 (Fed. Cir. 2005)   Cited 119 times   2 Legal Analyses
    Holding that recapture rule applied to reissued claims that had been “enlarged” and were not “materially narrowed in other respects”

  2. In re Clement

    131 F.3d 1464 (Fed. Cir. 1997)   Cited 51 times   1 Legal Analyses
    Deciding as a matter of law "whether and in what aspect the reissue claims are broader than the patent claims"

  3. Pannu v. Storz Instruments, Inc.

    258 F.3d 1366 (Fed. Cir. 2001)   Cited 31 times
    Holding that recapture rule applied when “the reissued claims were not narrowed in any material respect compared with their broadening”

  4. In re Youman

    679 F.3d 1335 (Fed. Cir. 2012)   Cited 17 times   2 Legal Analyses
    Explaining that section 251's “error” requirement covers “inadvertence or mistake,” not “deliberate” choices made by the patentee

  5. In re Mostafazadeh

    643 F.3d 1353 (Fed. Cir. 2011)   Cited 15 times   2 Legal Analyses
    Applying step three's “materially narrowing” analysis “relative to the original claims” where “original claims” are defined as “the claims before surrender”

  6. Mentor Corp. v. Coloplast, Inc.

    998 F.2d 992 (Fed. Cir. 1993)   Cited 32 times
    Finding surrender by way of claim amendments

  7. In re Lowry

    32 F.3d 1579 (Fed. Cir. 1994)   Cited 17 times
    Holding that printed matter doctrine did not apply to sequences of bits stored in memory because the claims dictated how application programs manage information, not the information content of the memory

  8. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   73 Legal Analyses
    Describing the reissue of defective patents

  9. 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"

  10. 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

  11. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  12. 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)