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Ex Parte Herbert

08236378 (B.P.A.I. Oct. 29, 2002)
Ex Parte Herbert

6 Cited authorities

  1. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  2. In re Zletz

    893 F.2d 319 (Fed. Cir. 1990)   Cited 42 times   3 Legal Analyses
    Holding that claims failing this test during prosecution must be rejected under § 112, ¶ 2

  3. In re Van Geuns

    988 F.2d 1181 (Fed. Cir. 1993)   Cited 21 times   1 Legal Analyses

    No. 91-1088. March 10, 1993. Jack E. Haken, U.S. Philips Corp., Tarrytown, NY, argued, for appellant. Fred E. McKelvey, Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Lee E. Barrett, Associate Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before ARCHER, PLAGER, and RADER, Circuit Judges. ARCHER, Circuit Judge. Johannes R. Van Geuns appeals from the September 25, 1990 decision of the Patent and Trademark Office

  4. In re Sneed

    710 F.2d 1544 (Fed. Cir. 1983)   Cited 21 times   2 Legal Analyses
    Rejecting argument that a prior art reference should not be considered "because it deals with collapsible hose rather than flexible plastic pipe and teaches that rolling 600 feet of 4 inch, noncollapsible hose into a transportable bundle is virtually 'an insurmountable task'" because "it is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."

  5. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,172 times   492 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  6. Section 1.129 - Transitional procedures for limited examination after final rejection and restriction practice

    37 C.F.R. § 1.129   Cited 7 times   1 Legal Analyses

    (a) An applicant in an application, other than for reissue or a design patent, that has been pending for at least two years as of June 8, 1995, taking into account any reference made in such application to any earlier filed application under 35 U.S.C. 120 , 121 and 365(c) , is entitled to have a first submission entered and considered on the merits after final rejection under the following circumstances: The Office will consider such a submission, if the first submission and the fee set forth in