§

Ex Parte MacLean et al

11785504 (P.T.A.B. May. 10, 2013)
Ex Parte MacLean et al

13 Cited authorities

  1. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 380 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  2. Newell Companies, Inc. v. Kenney Mfg. Co.

    864 F.2d 757 (Fed. Cir. 1988)   Cited 222 times   3 Legal Analyses
    Holding that because the record established such a strong case of obviousness based on the teachings of the prior art, the fact that the product was successful does not overcome the conclusion of obviousness

  3. J.T. Eaton & Co. v. Atlantic Paste & Glue Co.

    106 F.3d 1563 (Fed. Cir. 1997)   Cited 117 times   1 Legal Analyses
    Holding that the definition of "a term with no previous meaning to those of ordinary skill in the art . . . must be found somewhere in the patent"

  4. In re Huang

    100 F.3d 135 (Fed. Cir. 1996)   Cited 94 times   4 Legal Analyses
    Holding that the inventor's opinion as to the purchaser's reason for buying the product is insufficient to demonstrate a nexus

  5. B.F. Goodrich Co. v. Aircraft Braking Systems

    72 F.3d 1577 (Fed. Cir. 1996)   Cited 93 times
    Affirming finding of no intent to deceive; omitted prior art reference was in files of several employees, but evidence did not show that inventor or attorney knew of it

  6. Asyst Technologies, Inc. v. Emtrak, Inc.

    544 F.3d 1310 (Fed. Cir. 2008)   Cited 43 times   1 Legal Analyses
    Affirming judgment as a matter of law of obviousness

  7. Agrizap v. Woodstream

    520 F.3d 1337 (Fed. Cir. 2008)   Cited 44 times   2 Legal Analyses
    Holding the court will “presume all factual disputes were resolved in favor of the verdict”

  8. Süd-Chemie, Inc. v. Multisorb Technologies, Inc.

    554 F.3d 1001 (Fed. Cir. 2009)   Cited 16 times
    Affirming finding that reference disclosed "uncoated" film where it did not describe the film as coated and did not suggest necessity of coatings

  9. Application of Fielder

    471 F.2d 640 (C.C.P.A. 1973)   Cited 21 times
    Declining to take judicial notice of prior art references that appellant submitted as objective evidence of non-obviousness because appellant did not offer references to the Board and they were not part of the record

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

    35 U.S.C. § 103   Cited 6,133 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."

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  12. 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

  13. 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)