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Ex Parte Hsu et al

12109910 (P.T.A.B. Feb. 23, 2016)
Ex Parte Hsu et al

18 Cited authorities

  1. Nystrom v. Trex Co.

    424 F.3d 1136 (Fed. Cir. 2005)   Cited 303 times   4 Legal Analyses
    Holding that the law of the regional circuit governs motions for sanctions under 28 U.S.C. § 1927

  2. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 396 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  3. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 212 times   4 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

  4. Cummins-Allison Corp. v. SBM Co.

    484 F. App'x 499 (Fed. Cir. 2012)   Cited 6 times   1 Legal Analyses
    Explaining that "the earlier filed application need not describe the later filed claims verbatim"

  5. 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

  6. 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

  7. In re Mraz

    455 F.2d 1069 (C.C.P.A. 1972)   Cited 18 times
    Explaining that features that patent drawings "show clearly" can be sufficient to establish anticipation, especially when they are the focus of the figure and shown "with great particularity," but distinguishing a case where the patent drawing at issue was "obviously never intended to show the dimensions of anything"

  8. Application of Aslanian

    590 F.2d 911 (C.C.P.A. 1979)   Cited 6 times
    Explaining that in determining obviousness, all references are assessed "on the basis of what they reasonably disclose and suggest to one skilled in the art" (quoting In re Baum , 374 F.2d 1004, 1009 (CCPA 1967) )

  9. Application of Heinle

    342 F.2d 1001 (C.C.P.A. 1965)   Cited 15 times
    Reversing Patent Office Board of Appeals double patenting rejection of claims to a single element E based on a patent claim to a combination of A, B, C, D, and E

  10. Application of Baum

    54 C.C.P.A. 1430 (C.C.P.A. 1967)   Cited 3 times

    Patent Appeal No. 7787. April 6, 1967. Rehearing Denied June 22, 1967. Brown, Jackson, Boettcher Dienner, Chicago, Ill., Harold L. Jenkins, Washington, D.C. (James E. Toomey, Oakland, Cal., Bruno J. Verbeck, Chicago, Ill., of counsel), for appellant. Joseph Schimmel, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1060 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 6,159 times   489 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 6,023 times   1024 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 188 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 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. 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)