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Ex Parte Marui

11 Cited authorities

  1. Honeywell Intern v. Hamilton Sundstrand

    370 F.3d 1131 (Fed. Cir. 2004)   Cited 144 times   1 Legal Analyses
    Holding that prosecution history estoppel applies if the scope of the subject matter claimed in a rewritten independent claim has been narrowed to secure the patent

  2. In re Clement

    131 F.3d 1464 (Fed. Cir. 1997)   Cited 51 times   1 Legal Analyses
    Deciding as a matter of law "whether and in what aspect the reissue claims are broader than the patent claims"

  3. Hester Industries, Inc. v. Stein, Inc.

    142 F.3d 1472 (Fed. Cir. 1998)   Cited 49 times
    Finding patentee's repeated arguments regarding the limitations constituted an admission that the limitations were necessary to overcome the prior art and the reissue claims impermissibly recaptured surrendered subject matter

  4. Mentor Corp. v. Coloplast, Inc.

    998 F.2d 992 (Fed. Cir. 1993)   Cited 32 times
    Finding surrender by way of claim amendments

  5. Haliczer v. United States

    356 F.2d 541 (Fed. Cir. 1966)   Cited 16 times   1 Legal Analyses

    No. 13-61. February 18, 1966. Samuel L. Davidson, Washington, D.C., attorney of record, for plaintiff; Donald A. Kaul, Herbert J. Jacobi and Marvin R. Stern, Washington, D.C., of counsel. Louise O'Neil, St. Paul, Minn., with whom was Asst. Atty. Gen., John W. Douglas, for defendant. Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges. PER CURIAM:[fn*] [fn*] This opinion incorporates, with minor changes and some added discussion, the opinion prepared, at the direction of the

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,372 times   1046 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

  7. 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."

  8. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,004 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   73 Legal Analyses
    Describing the reissue of defective patents

  10. 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"

  11. 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