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Ex parte Krueger et al.

07135067 (B.P.A.I. Apr. 14, 1998)
Ex parte Krueger et al.

7 Cited authorities

  1. In re Goodman

    11 F.3d 1046 (Fed. Cir. 1993)   Cited 71 times   2 Legal Analyses
    Holding that PTO actions did not dictate the rate of prosecution when Goodman accepted early issuance of species claims and filed a continuation application to prosecute genus claims

  2. In re Berg

    140 F.3d 1428 (Fed. Cir. 1998)   Cited 38 times   3 Legal Analyses
    Affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus

  3. In re Emert

    124 F.3d 1458 (Fed. Cir. 1997)   Cited 21 times   1 Legal Analyses
    Finding obviousness "[a]bsent some indication of unexpected properties"

  4. In re Braat

    937 F.2d 589 (Fed. Cir. 1991)   Cited 25 times
    Holding that while " better characterization of the relationship between the inventions is as combination/subcombination," the reasoning of Borah is applicable

  5. Section 1.78 - Claiming benefit of earlier filing date and cross-references to other applications

    37 C.F.R. § 1.78   Cited 65 times   30 Legal Analyses
    Explaining that an applicant can file a continuation application to adjust claims of the patent

  6. Section 1.136 - 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)

  7. Section 1.197 - Termination of proceedings

    37 C.F.R. § 1.197   Cited 6 times

    (a) Proceedings on an application are considered terminated by the dismissal of an appeal or the failure to timely file an appeal to the court or a civil action except: (1) Where claims stand allowed in an application; or (2) Where the nature of the decision requires further action by the examiner. (b) The date of termination of proceedings on an application is the date on which the appeal is dismissed or the date on which the time for appeal to the U.S. Court of Appeals for the Federal Circuit or