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Ex Parte Lange et al

10942021 (B.P.A.I. Jun. 18, 2010)
Ex Parte Lange et al

9 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 times   189 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. Takeda Chemical v. Alphapharm

    492 F.3d 1350 (Fed. Cir. 2007)   Cited 154 times   5 Legal Analyses
    Holding the invention not obvious to try because the prior art disclosed a broad selection of compounds that an ordinarily skilled artisan could have selected for further investigation

  3. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  4. Orthokinetics, Inc. v. Safety Travel Chairs

    806 F.2d 1565 (Fed. Cir. 1986)   Cited 253 times
    Holding that the limitation that the claimed wheelchair have a "front leg portion . . . so dimensioned as to be insertable through the space between the doorframe of an automobile and one of the seats thereof" was not indefinite

  5. CFMT, Inc. v. Yieldup Intern. Corp.

    349 F.3d 1333 (Fed. Cir. 2003)   Cited 79 times   3 Legal Analyses
    Finding no material misrepresentation in part because a PTO examiner's reasons for allowance did not reflect that the PTO relied on the allegedly false applicant statements

  6. In re Deuel

    51 F.3d 1552 (Fed. Cir. 1995)   Cited 52 times   5 Legal Analyses
    Commenting that scholars have been critical of Deuel, which "overly favored patent applicants in biotech by adopting an overly lax nonobviousness standard." ( citing Anita Varma David Abraham, DNA Is Different: Legal Obviousness and the Balance Between Biotech Inventors and the Market, 9 Harv. J.L. Tech. 53 (1996))

  7. Application of Royka

    490 F.2d 981 (C.C.P.A. 1974)   Cited 18 times
    Recognizing that if an independent claim is not anticipated, its dependent claims are also not anticipated

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  9. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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