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Ex Parte Manion et al

11147962 (B.P.A.I. Sep. 14, 2010)
Ex Parte Manion et al

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 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. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,332 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record

  3. Halliburton Energy v. M-I LLC

    514 F.3d 1244 (Fed. Cir. 2008)   Cited 456 times   7 Legal Analyses
    Holding that a claim is "indefinite if a [claim] term does not have proper antecedent basis"

  4. Perricone v. Medicis Pharmaceutical Corp.

    432 F.3d 1368 (Fed. Cir. 2005)   Cited 147 times   2 Legal Analyses
    Holding that a prior-art reference anticipated claims 1-4 and 7, but not claims 8, 9, and 13, because the latter set of claims contained one fewer limitation

  5. Genentech, Inc. v. Chiron Corp.

    112 F.3d 495 (Fed. Cir. 1997)   Cited 137 times
    Holding that in construing the count, the court "must look at the language as a whole and consider the grammatical structure and syntax"

  6. MEHL/Biophile Int’l Corp. v. Milgraum

    192 F.3d 1362 (Fed. Cir. 1999)   Cited 108 times   2 Legal Analyses
    Finding anticipation by inherency of a method of hair depilation

  7. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  8. Application of Burckel

    592 F.2d 1175 (C.C.P.A. 1979)   Cited 14 times   1 Legal Analyses

    Appeal No. 78-616. March 1, 1979. C. Wayne Stephens, Wilmington, Del., for appellant; Hoge T. Sutherland, Los Angeles, Cal., of counsel. Joseph F. Nakamura, Washington, D.C., for Commissioner of Patents; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming

  9. Meitzner v. Mindick

    549 F.2d 775 (C.C.P.A. 1977)   Cited 10 times   1 Legal Analyses

    Patent Appeal No. 76-577. February 24, 1977. Rehearing Denied April 28, 1977. Eugene Sabol, Fisher, Christen Sabol, Washington, D.C., attys. of record, for appellants; George W.F. Simmons, Robert A. Doherty, Rohm Haas Co., Philadelphia, Pa., of counsel. Herbert B. Keil, Michael P. Bucklo, Johnston, Keil, Thompson Shurtleff, Chicago, Ill., David B. Kellom, Bernd W. Sandt, Midland, Mich., attys. of record, for appellees. Appeal from the Board of Patent Interferences. Before MARKEY, Chief Judge, and

  10. In re Kerkhoven

    626 F.2d 846 (C.C.P.A. 1980)   Cited 6 times   2 Legal Analyses

    Appeal No. 79-586. May 15, 1980. James J. Farrell, New York City, attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, and Trademarks; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and NEWMAN, Judge. The Honorable Bernard Newman, United States Customs Court, sitting by designation. NEWMAN, Judge. This is an

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

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

    35 U.S.C. § 103   Cited 6,159 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."

  13. 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"

  14. 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

  15. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  16. 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)

  17. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by