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Ex Parte Hayner et al

10600637 (P.T.A.B. Nov. 15, 2012)
Ex Parte Hayner et al

21 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,885 times   168 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 415 times   86 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  3. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 505 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  4. B. Braun Medical v. Abbott Laboratories

    124 F.3d 1419 (Fed. Cir. 1997)   Cited 511 times   7 Legal Analyses
    Holding that the district court's pre- Markman failure to instruct the jury on the construction of a means-plus-function limitation was harmless because the jury adopted the correct construction

  5. Cybersource Corp.. v. Retail Decisions Inc.

    654 F.3d 1366 (Fed. Cir. 2011)   Cited 285 times   22 Legal Analyses
    Holding that a claim whose "steps can be performed in the human mind, or by a human using a pen and paper" is directed to an "unpatentable mental process"

  6. Medical Instr. and Diagnostics v. Elekta

    344 F.3d 1205 (Fed. Cir. 2003)   Cited 328 times   1 Legal Analyses
    Holding that district court erred in finding that defendant failed to demonstrate the existence of an issue of material fact on obvious; noting, inter alia , that "[defendant's] expert's declaration quotes from several prior art articles that expressly discuss the combination of stereotaxy with computer imaging technologies"

  7. Ferguson Beauregard/Logic Controls v. Mega Systems, LLC

    350 F.3d 1327 (Fed. Cir. 2003)   Cited 280 times   2 Legal Analyses
    Holding that "inequitable conduct, while a broader concept than fraud, must be pled with particularity"

  8. Default Proof Credit Card v. Home Depot

    412 F.3d 1291 (Fed. Cir. 2005)   Cited 231 times   1 Legal Analyses
    Finding that the point-of-sale assembly was not the corresponding structure for the dispensing means where the two were recited in different parts of the same claim

  9. Budde v. Harley-Davidson, Inc.

    250 F.3d 1369 (Fed. Cir. 2001)   Cited 238 times   1 Legal Analyses
    Holding that the specification's reference to "commercially available vacuum sensors" constituted sufficient structure, as one skilled in the art would have understood the reference

  10. Biomedino v. Waters

    490 F.3d 946 (Fed. Cir. 2007)   Cited 200 times   2 Legal Analyses
    Holding that "a bare statement that known techniques or methods can be used does not disclose structure"

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,413 times   1065 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

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,025 times   1027 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,543 times   2297 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  14. 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

  15. 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

  16. 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)