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Ex Parte Houston et al

10535600 (B.P.A.I. Aug. 16, 2012)
Ex Parte Houston et al

9 Cited authorities

  1. Avia Group International, Inc. v. L.A. Gear California, Inc.

    853 F.2d 1557 (Fed. Cir. 1988)   Cited 365 times   4 Legal Analyses
    Holding that parties moving for summary judgment bear burden of demonstrating that there are no genuine issues of material fact in dispute

  2. Application of Wright

    569 F.2d 1124 (C.C.P.A. 1977)   Cited 27 times

    Patent Appeal No. 76-677. March 31, 1977. Joseph T. Eisele, John Kurucz, Kane, Dalsimer, Kane, Sullivan Kurucz, New York City, attorneys of record for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, John W. Dewhirst, Washington, D.C., of Counsel. Appeal from the Board of Appeals of United States Patent Office. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Associate Judge, United States Customs Court. MILLER, Judge. This appeal

  3. Application of Antonie

    559 F.2d 618 (C.C.P.A. 1977)   Cited 24 times   3 Legal Analyses

    Patent Appeal No. 76-681. Decided August 18, 1977. Arthur H. Seidel, Thomas W. Ehrmann, Milwaukee, Wis. (Quarles Brady, Milwaukee, Wis.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, R.D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Judge, United States Customs Court. BALDWIN, Judge. This is an appeal

  4. Application of Lintner

    458 F.2d 1013 (C.C.P.A. 1972)   Cited 24 times

    Patent Appeal No. 8718. May 4, 1972. Eugene F. Buell, Blenko Ziesenheim, Pittsburgh, Pa., William A. Smith, Jr., Smith, Michael, Bradford Gardiner, Washington, D.C., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for Commissioner of Patents. Raymond E. Martin, Washington, D.C., of counsel. Appeal from the Board of Patent Appeals. Before RICH, ALMOND, BALDWIN and LANE, Associate Judges, and MALETZ, Judge, United States Customs Court, sitting by designation. LANE, Judge. This

  5. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  6. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 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"

  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)

  9. Section 41.33 - Amendments and affidavits or other Evidence after appeal

    37 C.F.R. § 41.33   Cited 2 times   1 Legal Analyses

    (a) Amendments filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) and prior to the date a brief is filed pursuant to § 41.37 may be admitted as provided in § 1.116 of this title. (b) Amendments filed on or after the date of filing a brief pursuant to § 41.37 may be admitted: (1) To cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or (2) To rewrite dependent claims into independent form. (c) All other amendments