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Ex Parte Jenkins

12867290 (P.T.A.B. Aug. 30, 2017)
Ex Parte Jenkins

14 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,828 times   167 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Innova/Pure Water, Inc. v. Safari Water Filtration Systems, Inc.

    381 F.3d 1111 (Fed. Cir. 2004)   Cited 1,935 times   2 Legal Analyses
    Holding that the claims are not "presumed" to be restricted to the embodiments disclosed in the specification

  3. Astrazeneca LP v. Apotex, Inc.

    633 F.3d 1042 (Fed. Cir. 2011)   Cited 195 times   14 Legal Analyses
    Holding that FDA-required instructions did not create functional relationship to drug

  4. Howmedica Osteonics v. Wright Med. Tech

    540 F.3d 1337 (Fed. Cir. 2008)   Cited 145 times   1 Legal Analyses
    Holding that a reference to "the condylar element" meant "only one condylar element"

  5. Ventana v. Biogenex

    473 F.3d 1173 (Fed. Cir. 2007)   Cited 118 times
    Holding that “statements made by the inventor during continued prosecution of a related patent application can, in some circumstances, be relevant to claim construction”

  6. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 67 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  7. In re Ngai

    367 F.3d 1336 (Fed. Cir. 2004)   Cited 15 times   1 Legal Analyses
    Noting that allowing claims where the printed matter was the only novel contribution would allow "anyone [to] continue patenting a product indefinitely provided that they add a new instruction sheet to the product"

  8. APPLICATION OF DIKE

    394 F.2d 584 (C.C.P.A. 1968)   Cited 3 times

    Patent Appeal No. 7941. May 16, 1968. Rehearing Denied July 3, 1968. Mason, Porter, Diller Brown, Charles J. Diller, Vincent L. Ramik, Washington, D.C., for appellant. Joseph Schimmel, Washington, D.C., (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND and KIRKPATRICK, Judges. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. WORLEY, Chief Judge. This appeal is from the decision of the

  9. Futrall v. Ray

    111 F.2d 695 (8th Cir. 1940)   Cited 2 times

    No. 11653. May 13, 1940. Appeal from the District Court of the United States for the Eastern District of Arkansas; Harry J. Lemley, Judge. Action by E.B. Futrall, receiver of the Lee County National Bank, against Mrs. Ella M. Ray, to recover stockholder's assessment. From a judgment of dismissal, plaintiff appeals. Affirmed. John C. Sheffield, of Helena, Ark., for appellant. J.B. Daggett, of Marianna, Ark. (Daggett Daggett and C.E. Daggett, all of Marianna, Ark., on the brief), for appellee. Before

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

    35 U.S.C. § 103   Cited 6,129 times   479 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

  13. 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

  14. Section 1.136 - 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)