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Ex Parte Kobayashi et al

14868040 - (D) (P.T.A.B. Jun. 24, 2019)
Ex Parte Kobayashi et al

7 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 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. Honeywell Int'l Inc. v. Mexichem Amanco Holding S.A. de C.V.

    865 F.3d 1348 (Fed. Cir. 2017)   Cited 18 times   11 Legal Analyses
    Holding the reasonable-expectation-of-success requirement is not satisfied when the skilled artisan would have had no expectation of success

  3. In re Sullivan

    498 F.3d 1345 (Fed. Cir. 2007)   Cited 21 times   2 Legal Analyses
    Submitting evidence describing "an unexpected property or result from the use" of the claimed invention, a composition claim for an antivenom, in arguing to PTO that invention was nonobvious

  4. Application of Gardiner

    171 F.2d 313 (C.C.P.A. 1948)   Cited 15 times

    Patent Appeal No. 5492. December 7, 1948. Appeal from the Board of Appeals of the United States Patent Office, Serial No. 527,224. Proceeding in the matter of the application of Duncan B. Gardiner for a patent. From a decision of the Board of Appeals affirming that of the primary examiner rejecting claims 15 to 19, inclusive, the applicant appeals. Affirmed. Ralph L. Tweedale, of Detroit, Mich. (N. Douglas Parker, Jr., of Washington, D.C., of counsel), for appellant. W.W. Cochran, of Washington,

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

    35 U.S.C. § 103   Cited 6,130 times   479 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."

  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 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   14 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057 , Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the