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Ex Parte Khaddam

13802016 (P.T.A.B. May. 25, 2018)
Ex Parte Khaddam

16 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 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. Enzo Biochem, Inc. v. Applera Corp.

    599 F.3d 1325 (Fed. Cir. 2010)   Cited 225 times   3 Legal Analyses
    Holding that the phrase "not interfering substantially" is sufficiently definite because a skilled artisan could use "the examples in the specification to determine whether interference with hybridization is substantial"

  3. Liquid Dynamics Corp. v. Vaughan Co., Inc.

    355 F.3d 1361 (Fed. Cir. 2004)   Cited 178 times
    Holding that a district court "faced with an invalidity counterclaim challenging a patent it concludes was not infringed may either hear the claim or dismiss it without prejudice."

  4. Playtex Products, Inc. v. Procter Gamble

    400 F.3d 901 (Fed. Cir. 2005)   Cited 152 times
    Holding that the district court's construction of the term "substantially flattened surfaces" improperly "introduce[d] a numerical tolerance to the flatness"

  5. Wilson Sporting v. Hillerich Bradsby

    442 F.3d 1322 (Fed. Cir. 2006)   Cited 143 times   1 Legal Analyses
    Holding that the claim term "gap" had different meanings in different claims based on those claims' different geometrical contexts

  6. Seattle Box Co. v. Indus. Crating Packing

    731 F.2d 818 (Fed. Cir. 1984)   Cited 232 times   3 Legal Analyses
    Holding that "[a]n original patent cannot be infringed once a reissue patent has issued, for the original patent is surrendered" and "[t]he original claims are dead"

  7. Leapfrog v. Fisher-Price

    485 F.3d 1157 (Fed. Cir. 2007)   Cited 90 times   5 Legal Analyses
    Holding that the objective considerations of nonobviousness presented, including substantial evidence of commercial success, praise, and long-felt need, were inadequate to overcome a strong showing of primary considerations that rendered the claims at issue invalid

  8. In re Icon Health

    496 F.3d 1374 (Fed. Cir. 2007)   Cited 46 times   3 Legal Analyses
    Concluding that "[a]nalogous art to Icon's application," which related to "a treadmill with a folding mechanism and a means for retaining that mechanism in the folded position," included "any area describing hinges, springs, latches, counterweights, or other similar mechanisms—such as the folding bed in" the prior art

  9. Andrew Corp. v. Gabriel Electronics, Inc.

    847 F.2d 819 (Fed. Cir. 1988)   Cited 77 times
    Holding terms "approach each other," "close to," "substantially equal," and "closely approximate" not to be indefinite

  10. 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

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,287 times   1030 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

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

    35 U.S.C. § 103   Cited 6,063 times   459 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."

  13. 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"

  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

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. 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)