§
Ex Parte Hrkach

20 Cited authorities

  1. Hybritech Inc. v. Monoclonal Antibodies, Inc.

    802 F.2d 1367 (Fed. Cir. 1986)   Cited 472 times   13 Legal Analyses
    Holding that notebook entries not witnessed until several months to a year after entry did not render them "incredible or necessarily of little corroborative value" under the circumstances and in view of other corroborating evidence

  2. Modine Mfg. Co. v. U.S. Intern. Trade Com'n

    75 F.3d 1545 (Fed. Cir. 1996)   Cited 338 times   3 Legal Analyses
    Holding that the claim term "relatively small" is not indefinite

  3. Oddzon Products, Inc. v. Just Toys, Inc.

    122 F.3d 1396 (Fed. Cir. 1997)   Cited 245 times   6 Legal Analyses
    Holding that under § 103, "an invention, A’, that is obvious in view of subject matter A, derived from another, is also unpatentable. The obvious invention, A’, may not be unpatentable to the inventor of A, and it may not be unpatentable to a third party who did not receive the disclosure of A, but it is unpatentable to the party who did receive the disclosure" and thus that "subject matter derived from another not only is itself unpatentable to the party who derived it under § 102(f), but, when combined with other prior art, may make a resulting obvious invention unpatentable to that party under a combination of §§ 102(f) and 103."

  4. Amgen, Inc. v. Chugai Pharmaceutical Co. LTD

    927 F.2d 1200 (Fed. Cir. 1991)   Cited 273 times   11 Legal Analyses
    Holding that the term "at least about" was indefinite because the patent provided no guidance as to where the line should be drawn between the numerical value of the prior art cited in the prosecution history and the close numerical value in the patent

  5. Miles Laboratories Inc. v. Shandon Inc.

    997 F.2d 870 (Fed. Cir. 1993)   Cited 183 times
    Noting that operability is relevant "to the enablement requirement of § 112"

  6. Ortho Pharmaceutical Corp. v. Smith

    959 F.2d 936 (Fed. Cir. 1992)   Cited 113 times   5 Legal Analyses
    Holding that 35 U.S.C. § 283 "grants the district courts broad discretion in determining whether the facts of a case warrant an injunction and in determining the scope of the injunctive relief."

  7. In re Longi

    759 F.2d 887 (Fed. Cir. 1985)   Cited 106 times   8 Legal Analyses
    Holding that a patent application was properly rejected for obviousness-type double patenting where the prior art references indicated a reasonable expectation of success

  8. General Foods v. Studiengesellschaft Kohle

    972 F.2d 1272 (Fed. Cir. 1992)   Cited 72 times   2 Legal Analyses
    Holding that one claim is "patentably distinct" from another if the differences between them are such that the subject matter of one would not have been obvious over the subject matter of the other

  9. In re Hyatt

    708 F.2d 712 (Fed. Cir. 1983)   Cited 64 times   3 Legal Analyses
    Rejecting "single means" claim, as such claims "cover[] every conceivable means for achieving the stated result"

  10. Application of Vogel

    422 F.2d 438 (C.C.P.A. 1970)   Cited 71 times   1 Legal Analyses
    Affirming a rejection of a claim in a later patent covering a method for packaging meat as obviousness-type double patenting in light of claims in an earlier patent covering a method for packaging pork

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,393 times   1048 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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,148 times   481 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,016 times   1012 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  15. 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

  16. Section 1.78 - [Effective 1/19/2025] Claiming benefit of earlier filing date and cross-references to other applications

    37 C.F.R. § 1.78   Cited 65 times   31 Legal Analyses
    Explaining that an applicant can file a continuation application to adjust claims of the patent

  17. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by