§

Ex Parte Kelch et al

12300870 (P.T.A.B. Mar. 30, 2016)
Ex Parte Kelch et al

14 Cited authorities

  1. Dillon v. Manbeck

    500 U.S. 904 (1991)   Cited 34 times

    No. 90-1264. April 29, 1991, OCTOBER TERM, 1990. C.A. Fed. Cir. Certiorari denied. Reported below: 919 F. 2d 688.

  2. In re Dillon

    919 F.2d 688 (Fed. Cir. 1990)   Cited 69 times   6 Legal Analyses
    Finding a prima facie case of obviousness where the prior art tri-orthoester compound was found to be equivalent to the claimed tetra-orthoester compound and the use of the tri-orthoester as a fuel additive was expected to produce essentially the same result as the use of the tetra-orthoester

  3. In re Beattie

    974 F.2d 1309 (Fed. Cir. 1992)   Cited 62 times   2 Legal Analyses
    Holding that an alternative to a well-entrenched theory does not preclude a finding of obviousness because the recommendation of a new system "does not require obliteration of another"

  4. In re Jones

    958 F.2d 347 (Fed. Cir. 1992)   Cited 28 times
    Reversing the prima facie obviousness finding because of the "lack of close similarity of structure"

  5. Application of May

    574 F.2d 1082 (C.C.P.A. 1978)   Cited 45 times   1 Legal Analyses
    Holding isolated stereoisomer nonobvious over racemic mixture of stereoisomers, after conceded prima facie showing of obviousness, because isolated stereoisomer was unexpectedly nonaddictive

  6. In re Grabiak

    769 F.2d 729 (Fed. Cir. 1985)   Cited 19 times

    Appeal No. 84-1718. Decided: August 9, 1985. J. Timothy Keane, Monsanto Company, of St. Louis, Mo., argued for appellants. Richard H. Shear, Monsanto Company, was on the brief. Fred W. Sherling, U.S. Patent Trademark Office, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., and Harris A. Pitlick, Associate Sol., Washington, D.C. Appeal from the Patent and Trademark Office Board of Appeals. Before FRIEDMAN, NIES, and NEWMAN

  7. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 29 times
    Affirming § 103 rejection when § 102 rejection would also have been appropriate

  8. Application of Wilder

    563 F.2d 457 (C.C.P.A. 1977)   Cited 17 times

    Patent Appeal No. 76-706. October 13, 1977. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant, Edward P. Grattan, St. Louis, Mo., Richard O. Zerbe, Akron, Ohio, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. BALDWIN, Judge. This appeal is from the April 30, 1976 decision of the Patent and Trademark Office (PTO) Board of Appeals (board)

  9. Application of Kronig

    539 F.2d 1300 (C.C.P.A. 1976)   Cited 18 times
    Holding no new ground of rejection when the Board relied on the same statutory basis and the same reasoning advanced by the examiner

  10. In re Hoch

    428 F.2d 1341 (C.C.P.A. 1970)   Cited 20 times

    Patent Appeal No. 8323. July 30, 1970. Raymond F. Kramer, Buffalo, N.Y., Donald C. Studley, William J. Schramm, Niagara Falls, N.Y., attorneys of record, for appellant. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the

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

    35 U.S.C. § 103   Cited 6,159 times   489 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  13. 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

  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