§
Ex Parte Jonsen

14 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,555 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. Key Pharmaceuticals v. Hercon Lab. Corp.

    161 F.3d 709 (Fed. Cir. 1998)   Cited 375 times
    Holding that trial court can hear extrinsic evidence to educate itself about patent and relevant technology, but may not use extrinsic evidence to vary or contradict claim terms

  3. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 327 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  4. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 147 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

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

    407 F.3d 1371 (Fed. Cir. 2005)   Cited 69 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"

  6. In re Morris

    127 F.3d 1048 (Fed. Cir. 1997)   Cited 49 times   7 Legal Analyses
    Holding that, in reviewing a claim construction decided under the ‘broadest reasonable interpretation’ standard, we determine whether the interpretation is within the range of reasonableness

  7. Application of Prater

    415 F.2d 1393 (C.C.P.A. 1969)   Cited 78 times   4 Legal Analyses
    Holding that claims are given their broadest reasonable interpretation during examination "since the applicant may then amend his claims"

  8. In re Van Geuns

    988 F.2d 1181 (Fed. Cir. 1993)   Cited 21 times   1 Legal Analyses

    No. 91-1088. March 10, 1993. Jack E. Haken, U.S. Philips Corp., Tarrytown, NY, argued, for appellant. Fred E. McKelvey, Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Lee E. Barrett, Associate Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before ARCHER, PLAGER, and RADER, Circuit Judges. ARCHER, Circuit Judge. Johannes R. Van Geuns appeals from the September 25, 1990 decision of the Patent and Trademark Office

  9. Application of Warner

    379 F.2d 1011 (C.C.P.A. 1967)   Cited 22 times   1 Legal Analyses

    Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U

  10. Application of Wilson

    424 F.2d 1382 (C.C.P.A. 1970)   Cited 3 times
    Noting that the court cannot ignore the specific language in a claim

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

    35 U.S.C. § 103   Cited 6,141 times   481 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."

  12. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,010 times   1009 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. 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"

  14. 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