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Ex parte Holling et al.

08443044 (B.P.A.I. Aug. 6, 1999)
Ex parte Holling et al.

8 Cited authorities

  1. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  2. RCA Corp. v. Applied Digital Data Systems, Inc.

    730 F.2d 1440 (Fed. Cir. 1984)   Cited 59 times
    Holding that dependent claim "cannot be anticipated" where the independent claim "is not anticipated"

  3. In re Queener

    796 F.2d 461 (Fed. Cir. 1986)   Cited 1 times

    Appeal No. 85-2084. July 21, 1986. Charles E. Rohrer, Intern. Business Machines Corp., Boulder, Colo., argued, for appellant. With him on brief was Elliott Pollack, Pollack, Vande Sande and Priddy, Washington, D.C. John W. Dewhirst, Associate Solicitor, U.S. Patent and Trademark Office, Arlington, Va., argued, for appellee. With him on brief were Joseph F. Nakamura, Solicitor and Fred E. McKelvey, Deputy Solicitor. Appeal from the United States Patent and Trademark Office Board of Appeals. Before

  4. Application of Lundberg

    244 F.2d 543 (C.C.P.A. 1957)   Cited 26 times

    Patent Appeal No. 6239. May 7, 1957. E. Clarkson Seward, New York City, for appellants. Clarence W. Moore, Washington, D.C., (George C. Roeming, Washington, D.C., of counsel), for Com'r of Patents. Before JOHNSON, Chief Judge, and WORLEY, RICH and JACKSON (retired), Judges. JOHNSON, Chief Judge. This is an appeal from a decision of the Board of Appeals of the United States Patent Office, rejecting claims 51 and 54-58, the only remaining claims in appellants' application for "Apparatus for and Method

  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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. 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

  8. 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)