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Ex Parte Ivanov

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 370 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  3. In re Kubin

    561 F.3d 1351 (Fed. Cir. 2009)   Cited 130 times   10 Legal Analyses
    Finding patent invalid where an inherent benefit "is not an additional requirement imposed by the claims . . . but rather a property necessarily present" when the other limitations are satisfied

  4. Syntex (U.S.A.) LLC v. Apotex, Inc.

    407 F.3d 1371 (Fed. Cir. 2005)   Cited 65 times
    Holding district court erred in not considering a reference that post-dates the priority date when it is relevant to what "was known in the art at the relevant time"

  5. Rolls-Royce, PLC v. United Techs. Corp.

    603 F.3d 1325 (Fed. Cir. 2010)   Cited 34 times   2 Legal Analyses
    Rejecting such a construction as "because the single claimed direction 'forward' would then encompass two directions at right angles to each other"

  6. In re Mayne

    104 F.3d 1339 (Fed. Cir. 1997)   Cited 38 times
    Finding a claimed enterokinase recognition sequence containing the amino acid sequence Phe–Pro–Leu was merely “an obvious functional equivalent” to prior art sequences that included arrangements of Phe–Pro–Ile and Leu–Pro–Leu

  7. Süd-Chemie, Inc. v. Multisorb Technologies, Inc.

    554 F.3d 1001 (Fed. Cir. 2009)   Cited 16 times
    Affirming finding that reference disclosed "uncoated" film where it did not describe the film as coated and did not suggest necessity of coatings

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

    35 U.S.C. § 103   Cited 6,056 times   447 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 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing