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Ex Parte Inenaga

11911549 (P.T.A.B. Jan. 21, 2015)
Ex Parte Inenaga

12 Cited authorities

  1. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  2. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  3. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 72 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

  4. In re Glaug

    283 F.3d 1335 (Fed. Cir. 2002)   Cited 13 times   2 Legal Analyses

    Nos. 00-1571, 08/455,374. DECIDED: March 15, 2002. Appeal from the decision of Patent and Trademark Office (PTO) Board of Patent Appeals. Meredith Martin Addy, Brinks, Hofer Gilson Lione, of Chicago, IL, argued for appellants. With her on the brief were Robert N. Carpenter and Henry L. Brinks. Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, Patent and Trademark Office, of Arlington, VA, argued for appellee. With her on the brief was John M. Whealan, Solicitor, and Mary Critharis

  5. In re Young

    927 F.2d 588 (Fed. Cir. 1991)   Cited 17 times
    Observing that in an obviousness inquiry, courts consider a prior art "reference for what it disclose in relation to the claimed invention."

  6. Application of Royka

    490 F.2d 981 (C.C.P.A. 1974)   Cited 18 times
    Recognizing that if an independent claim is not anticipated, its dependent claims are also not anticipated

  7. Application of Geerdes

    491 F.2d 1260 (C.C.P.A. 1974)   Cited 11 times

    Patent Appeal No. 9118. February 21, 1974. Boris Haskell, Washington, D.C., attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 2-4, 7, 8, 19, and 20 of application

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

    35 U.S.C. § 103   Cited 6,061 times   459 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."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  10. 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

  11. 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

  12. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)