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Ex Parte Lancaster et al

12349929 (P.T.A.B. Sep. 30, 2016)
Ex Parte Lancaster et al

13 Cited authorities

  1. Toro Co. v. White Consol. Industries, Inc.

    199 F.3d 1295 (Fed. Cir. 1999)   Cited 204 times   3 Legal Analyses
    Holding that construction of "including" required attachment between structures where that was the only embodiment disclosed and where nothing in the remainder of the specification supported an unattached embodiment; "[T]he specification describes the advantages of the unitary structure as important to the invention. . . . No other, broader concept was described as embodying the applicant's invention, or shown in any of the drawings, or presented for examination."

  2. Gechter v. Davidson

    116 F.3d 1454 (Fed. Cir. 1997)   Cited 55 times   2 Legal Analyses
    Finding arbitrary the Board's finding of anticipation because of inadequate explanation on how the reference disclosed claim elements, vacating, and remanding

  3. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 23 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  4. In re Zurko

    258 F.3d 1379 (Fed. Cir. 2001)   Cited 27 times   7 Legal Analyses
    Reversing the Board's affirmance of an examiner's obviousness rejection where the Board failed to identify "concrete evidence in the record" supporting its findings

  5. In re Stepan Co.

    660 F.3d 1341 (Fed. Cir. 2011)   Cited 14 times

    No. 2010–1261.Reexamination Nos. 90/006,824 90/007,619. 2011-10-5 In re STEPAN COMPANY. Thomas J. Wimbiscus, McAndrews, Held & Malloy, Ltd. of Chicago, Illinois, argued for appellant. With him on the brief were George Wheeler, and Dennis H. Jaskoviak, Jr. Mary L. Kelly, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were, Raymond T. Chen, Solicitor, and Janet A. Gongola, Associate Solicitor. PROST Thomas J. Wimbiscus

  6. Application of Warner

    379 F.2d 1011 (C.C.P.A. 1967)   Cited 22 times   1 Legal Analyses

    Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U

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

    35 U.S.C. § 103   Cited 6,056 times   449 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   949 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. 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"

  10. 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

  11. Section 1.104 - Nature of examination

    37 C.F.R. § 1.104   Cited 52 times   9 Legal Analyses
    Providing reasons for patent examiner's rejection of claims, including rejection for prior art "unless the entire rights to the subject matter and the claimed invention were commonly owned by the same person . . ."

  12. 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

  13. 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)