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Ex Parte James et al

12378967 (B.P.A.I. Nov. 3, 2010)
Ex Parte James et al

7 Cited authorities

  1. Yoon Ja Kim v. Conagra Foods, Inc.

    465 F.3d 1312 (Fed. Cir. 2006)   Cited 66 times   1 Legal Analyses
    Holding that noninfringement of dependent claims, "necessarily follows" a finding of noninfringement of independent claims

  2. Vectra Fitness, Inc. v. TNWK Corp.

    162 F.3d 1379 (Fed. Cir. 1998)   Cited 46 times   5 Legal Analyses
    In Vectra Fitness, although the PTO added a terminal disclaimer to the prosecution history, it failed to enter the terminal disclaimer on the cover page or contents page of the prosecution history, and failed to publish the terminal disclaimer in the Offi- cial Gazette as contemplated by PTO regulations.

  3. MBO Laboratories, Inc. v. Becton, Dickinson & Co.

    602 F.3d 1306 (Fed. Cir. 2010)   Cited 21 times   3 Legal Analyses
    Noting that the first step in applying the rule against recapture is to construe the reissued claims

  4. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 467 times   73 Legal Analyses
    Describing the reissue of defective patents

  5. 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"

  6. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  7. 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