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Ex Parte Jung et al

11355517 (P.T.A.B. Feb. 5, 2013)
Ex Parte Jung et al

15 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 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. Beckman Instruments, Inc. v. LKB Produkter AB

    892 F.2d 1547 (Fed. Cir. 1989)   Cited 236 times   1 Legal Analyses
    Holding that "[v]iewed individually, the specific examples of vexatious conduct recited by the district court [were] somewhat tenuous," but "when viewed together, we cannot say that the district court's finding of vexatious litigation was clearly erroneous"

  3. 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"

  4. Application of Pappas

    214 F.2d 172 (C.C.P.A. 1954)   Cited 4 times

    No. 6033. June 30, 1954. Charles S. Wilson, Farmingdale, L.I., N.Y. (Eugene H. Purdy, Washington, D.C., and Franz O. Ohlson, Jr., Farmingdale, L.I., N Y, of counsel), for appellants. E.L. Reynolds, Washington, D.C. (H.S. Miller, Washington, D.C., of counsel), for the Commissioner of Patents. Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges. JOHNSON, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,277 times   1023 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 6,055 times   447 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 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,400 times   2189 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  9. 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

  10. Section 23 - Testimony in Patent and Trademark Office cases

    35 U.S.C. § 23   Cited 13 times   3 Legal Analyses
    Granting the Director of the PTO the authority to "establish rules for taking affidavits and depositions required in cases in the [PTO]"

  11. Section 103, 103a - Omitted

    8 U.S.C. § 103, 103a   Cited 2 times

    8 U.S.C. § 103, 103a EDITORIAL NOTES CODIFICATIONSection 103, acts Mar. 2, 1895, ch. 177, §1, 28 Stat. 780; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737; Ex. Ord. No. 6166, §14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to administration of alien contract laws, was transferred to section 342h of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government

  12. Section 103 - Traveling expenses

    3 U.S.C. § 103   Cited 1 times
    Relating to travel expenses of President

  13. Section 9 - Certified copies of records

    35 U.S.C. § 9

    The Director may furnish certified copies of specifications and drawings of patents issued by the Patent and Trademark Office, and of other records available either to the public or to the person applying therefor. 35 U.S.C. § 9 July 19, 1952, ch. 950, 66 Stat. 794, §10; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; renumbered §9 and amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-582; Pub. L. 107-273, div. C,

  14. 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

  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)