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Ex Parte Keogh et al

15098494 (P.T.A.B. Jan. 10, 2019)
Ex Parte Keogh et al

7 Cited authorities

  1. Tronzo v. Biomet

    156 F.3d 1154 (Fed. Cir. 1998)   Cited 197 times   2 Legal Analyses
    Holding substantial evidence did not support finding that parent application provided written description of later-claimed genus encompassing any shape where it "tout[ed] the advantages of conical shape," mentioned other shapes only in reciting the prior art, and "specifically distinguishe[d] the prior art as inferior"

  2. Bilstad v. Wakalopulos

    386 F.3d 1116 (Fed. Cir. 2004)   Cited 60 times   3 Legal Analyses
    Adopting the definition of "plurality" of the Board of Patent Appeals

  3. Application of Wertheim

    541 F.2d 257 (C.C.P.A. 1976)   Cited 81 times   7 Legal Analyses
    Holding that "[i]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others"

  4. In re Rasmussen

    650 F.2d 1212 (C.C.P.A. 1981)   Cited 46 times
    Concluding that the generic step of "adheringly applying" one layer to an adjacent layer satisfied the written description requirement, because "one skilled in the art who read specification would understand that it is unimportant how the layers are adhered, so long as they are adhered."

  5. Application of Smythe

    480 F.2d 1376 (C.C.P.A. 1973)   Cited 46 times   1 Legal Analyses
    Discussing circumstances in which a species may be representative of and therefore descriptive of genus claims

  6. 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"

  7. 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