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Ex Parte Irwin

12 Cited authorities

  1. 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

  2. ACTV, Inc. v. Walt Disney Co.

    346 F.3d 1082 (Fed. Cir. 2003)   Cited 217 times
    Finding district court construction of a term improperly relied on circular reasoning to another term and was not supported by the claim language or specification

  3. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 147 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  4. In re Cruciferous Sprout Litigation

    301 F.3d 1343 (Fed. Cir. 2002)   Cited 139 times   6 Legal Analyses
    Holding that preamble was limiting in light of arguments made during prosecution "show[ing] a clear reliance by the patentee on the preamble to persuade the Patent Office that the claimed invention is not anticipated by the prior art"

  5. E-Pass Technologies, Inc. v. 3Com Corp.

    343 F.3d 1364 (Fed. Cir. 2003)   Cited 126 times   3 Legal Analyses
    Holding that the "court's task is not to limit claim language to exclude particular devices because they do no serve a perceived 'purpose' of the invention. Rather, the district court's function is to interpret claims according to their plain language unless the patentee has chosen to be his own lexicographer in the specification or has clearly disclaimed coverage during prosecution. An invention may possess a number of advantages or purposes, and there is no requirement that every claim directed to that invention be limited to encompass all of them."

  6. Bettcher Indus., Inc. v. Bunzl USA, Inc.

    661 F.3d 629 (Fed. Cir. 2011)   Cited 82 times   8 Legal Analyses
    Holding that district court did not abuse its discretion in holding that party "could not add new claim construction theories on the eve of trial"

  7. In re Zletz

    893 F.2d 319 (Fed. Cir. 1990)   Cited 42 times   3 Legal Analyses
    Holding that claims failing this test during prosecution must be rejected under § 112, ¶ 2

  8. Application of Warner

    379 F.2d 1011 (C.C.P.A. 1967)   Cited 22 times   1 Legal Analyses

    Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, 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, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U

  9. Application of Japikse

    181 F.2d 1019 (C.C.P.A. 1950)   Cited 1 times

    Patent Appeal No. 5634. May 9, 1950. Ernest F. Mechlin, Washington, D.C. (George F. Vaia, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C., for Commissioner of Patents. W.W. Cochran, Washington, D.C., on the brief as former solicitor for Patent Office. Before GARRETT, Chief Judge, and JACKSON, O'CONNELL and JOHNSON, JJ. GARRETT, Chief Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary

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

    35 U.S.C. § 103   Cited 6,141 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."

  11. 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"

  12. 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