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Ex parte Lapidus

08061928 (B.P.A.I. Jun. 29, 1998)
Ex parte Lapidus

9 Cited authorities

  1. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  2. Application of Rinehart

    531 F.2d 1048 (C.C.P.A. 1976)   Cited 45 times
    Considering the problem to be solved in a determination of obviousness

  3. In re Grasselli

    713 F.2d 731 (Fed. Cir. 1983)   Cited 19 times
    Concluding that unexpected results “limited to sodium only” were not commensurate in scope with claims to a catalyst having “an alkali metal”

  4. Application of Merchant

    575 F.2d 865 (C.C.P.A. 1978)   Cited 15 times   1 Legal Analyses
    Determining the common elements

  5. Application of Hengehold

    440 F.2d 1395 (C.C.P.A. 1971)   Cited 16 times

    Patent Appeal No. 8345. April 29, 1971. Roy F. Schaeperklaus, Pearce Schaeperklaus, Cincinnati, Ohio, attorney of record for appellant. William A. Smith, Jr., Smith, Michael, Bradford Gardiner, Washington, D.C., James W. Pearce, Pearce Schaeperklaus, Cincinnati, Ohio, of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Judge, Northern District of Iowa, sitting by designation

  6. Application of Altenpohl

    500 F.2d 1151 (C.C.P.A. 1974)   Cited 12 times
    Holding that reissue is proper to remedy a lack "of antecedent basis in a claim" which "could render it invalid under 35 U.S.C. § 112"

  7. Application of Searles

    422 F.2d 431 (C.C.P.A. 1970)   Cited 7 times

    Patent Appeal No. 8211. March 5, 1970. Dos T. Hatfield, Washington, D.C., attorney of record, for appellant, Thomas W. Underhill, Boston, of counsel. Joseph Schimmel, Washington, D.C., for Commissioner of Patents, S. Wm. Cochran, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN, LANE, Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia, sitting by designation. BALDWIN, Judge. This appeal is from the decision of the Patent Office

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

    35 U.S.C. § 103   Cited 6,129 times   479 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 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   14 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057 , Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the