§

Ex Parte Kriegel et al

13169562 (P.T.A.B. Feb. 4, 2019)
Ex Parte Kriegel et al

10 Cited authorities

  1. Wyers v. Master Lock Co.

    616 F.3d 1231 (Fed. Cir. 2010)   Cited 207 times   7 Legal Analyses
    Holding that a motivation to combine and a reasonable expectation of success exist when "it is simply a matter of common sense" to combine known elements of the prior art to solve a known problem

  2. Midwest Industries, v. Karavan Trailers

    175 F.3d 1356 (Fed. Cir. 1999)   Cited 279 times   3 Legal Analyses
    Holding en banc that Federal Circuit law governs question of whether patent law conflicts with trade dress action under § 43 of the Lanham Act or preempts such an action under state law

  3. Cable Elec. Products, Inc. v. Genmark, Inc.

    770 F.2d 1015 (Fed. Cir. 1985)   Cited 135 times   2 Legal Analyses
    Holding on summary judgment that even though commercial success could be deduced, it deserved no weight because a nexus was not established

  4. Orthopedic Equipment Co. v. United States

    702 F.2d 1005 (Fed. Cir. 1983)   Cited 82 times
    Addressing obviousness

  5. Zup, LLC v. Nash Mfg., Inc.

    896 F.3d 1365 (Fed. Cir. 2018)   Cited 20 times   3 Legal Analyses
    Holding that "a strong showing of obviousness may stand even in the face of considerable evidence of secondary considerations"

  6. In re Farrenkopf

    713 F.2d 714 (Fed. Cir. 1983)   Cited 10 times

    Appeal No. 82-583. July 27, 1983. William H. Epstein, Nutley, N.J., argued, for appellant. With him on the brief was George M. Gould, Nutley, N.J. Harris A. Pitlick, Washington, D.C., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Associate Sol., Washington, D.C. Robert W. Furlong, Boston, Mass., argued, for intervenor. Appeal from the Patent and Trademark Office Board of Appeals. Before MILLER, Circuit Judge, COWEN, Senior Circuit Judge, and SMITH

  7. 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."

  8. 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"

  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 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)