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Ex Parte Kuhn et al

13122554 (P.T.A.B. Feb. 22, 2017)
Ex Parte Kuhn et al

11 Cited authorities

  1. Nautilus, Inc. v. Biosig Instruments, Inc.

    572 U.S. 898 (2014)   Cited 1,418 times   95 Legal Analyses
    Holding that claims are not indefinite if, "viewed in light of the specification and prosecution history, [they] inform those skilled in the art about the scope of the invention with reasonable certainty"

  2. Datamize, LLC v. Plumtree Software, Inc.

    417 F.3d 1342 (Fed. Cir. 2005)   Cited 590 times   13 Legal Analyses
    Holding claim term “aesthetically pleasing” indefinite because, even though the preferred embodiment provided “examples of aesthetic features of screen displays that can be controlled by the authoring system,” the specification did not indicate “what selection of these features would be ‘aesthetically pleasing’ ”

  3. Liberty Ammunition, Inc. v. United States

    835 F.3d 1388 (Fed. Cir. 2016)   Cited 44 times   3 Legal Analyses
    Finding the patent specification "saves the term [in the claim] from indefiniteness" by disclosing additional information about the invention that clarifies meaning

  4. Application of Musgrave

    431 F.2d 882 (C.C.P.A. 1970)   Cited 23 times   2 Legal Analyses
    Explaining that patentable processes must "be in the technological arts so as to be in consonance with the Constitutional purpose to promote the progress of ‘useful arts.’ " (quoting U.S. CONST. art. I, § 8, cl. 8 )

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

    35 U.S.C. § 103   Cited 6,160 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."

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,024 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. 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"

  8. 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

  9. 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

  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)

  11. 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