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Ex Parte Jones

14815109 - (D) (P.T.A.B. Jan. 24, 2019)
Ex Parte Jones

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 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. Ricoh Co. v. Quanta Computer Inc.

    550 F.3d 1325 (Fed. Cir. 2009)   Cited 210 times   3 Legal Analyses
    Holding that a party that sells or offers to sell software containing instructions to perform the patented method does not infringe the patent under § 271

  3. Ball Aerosol and Specialty v. Ltd. Brands

    555 F.3d 984 (Fed. Cir. 2009)   Cited 81 times   3 Legal Analyses
    Holding summary judgment of noninfringement to be appropriate where infringement required a particular product configuration but where there was no evidence that the infringing configuration had ever existed

  4. In re Fritch

    972 F.2d 1260 (Fed. Cir. 1992)   Cited 30 times
    Stating "dependent claims are nonobvious if the independent claims from which they depend are nonobvious"

  5. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 46 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  6. In re Harris

    409 F.3d 1339 (Fed. Cir. 2005)   Cited 14 times
    Holding that unexpected results require a difference in kind, not merely degree (citing In re Huang, 100 F.3d 135, 139 (Fed. Cir. 1996))

  7. Application of Nievelt

    482 F.2d 965 (C.C.P.A. 1973)

    Patent Appeal No. 8975. August 30, 1973. L. Gaylord Hulbert, Whittemore, Hulbert Belknap, Detroit, Mich., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Robert D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration

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

    35 U.S.C. § 103   Cited 6,130 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."

  9. 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"

  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 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)