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Ex parte MARKS et al.

08132736 (B.P.A.I. Jul. 21, 1998)
Ex parte MARKS et al.

2 Cited authorities

  1. Application of Grose

    592 F.2d 1161 (C.C.P.A. 1979)   Cited 3 times   1 Legal Analyses

    Appeal No. 78-573. January 18, 1979. Rehearing Denied March 1, 1979. Richard G. Miller, New York City, atty. of record, for appellants; James C. Arvantes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the 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. MARKEY, Chief Judge. Appeal from the decision of the Patent and

  2. 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."