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Ex Parte Johnson et al

13452678 (P.T.A.B. Nov. 1, 2016)
Ex Parte Johnson et al

8 Cited authorities

  1. Dickinson & Co. v. Tyco Healthcare Grp., LP

    616 F.3d 1249 (Fed. Cir. 2010)   Cited 208 times
    Holding "hinged arm" could not be connected to itself

  2. In re Applied Materials, Inc.

    692 F.3d 1289 (Fed. Cir. 2012)   Cited 62 times   3 Legal Analyses
    Concluding that the board correctly rejected claims as obvious where "there was no indication that obtaining the claimed dimensions was beyond the capabilities of one of ordinary skill in the art or produced any unexpectedly beneficial properties"

  3. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  4. Application of Sebek

    465 F.2d 904 (C.C.P.A. 1972)   Cited 6 times

    Patent Appeal No. 8631. August 31, 1972. Roman Saliwanchik, Kalamazoo, Mich., attorney of record, for appellant; John Kekich, Kalamazoo, Mich., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges. LANE, Judge. This appeal is from the decision of the Board of Appeals sustaining the examiner's rejection of claims

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,343 times   1041 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

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

    35 U.S.C. § 103   Cited 6,120 times   473 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."

  7. 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"

  8. 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