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Ex Parte Masignani et al

13375759 (P.T.A.B. Apr. 6, 2017)
Ex Parte Masignani et al

12 Cited authorities

  1. Cohesive Tech. v. Waters Corp.

    543 F.3d 1351 (Fed. Cir. 2008)   Cited 157 times   4 Legal Analyses
    Holding anticipation and obviousness are distinct inquiries

  2. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  3. 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

  4. Impax Lab. v. Avents Pharmaceuticals

    468 F.3d 1366 (Fed. Cir. 2006)   Cited 110 times   2 Legal Analyses
    Holding that where the "prior art was before the examiner during prosecution of the application, there is a particularly heavy burden in establishing invalidity"

  5. Blue Calypso, LLC v. Groupon, Inc.

    815 F.3d 1331 (Fed. Cir. 2016)   Cited 72 times   12 Legal Analyses
    Holding that petitioner failed to carry its burden of proving public accessibility of the allegedly invalidating reference

  6. Atofina v. Great Lakes Chemical Corp.

    441 F.3d 991 (Fed. Cir. 2006)   Cited 85 times   8 Legal Analyses
    Finding 0.001 to 1.0 percent range did not disclose a D.I to 5.0 percent range

  7. Kennametal, Inc. v. Ingersoll Cutting Tool Co.

    780 F.3d 1376 (Fed. Cir. 2015)   Cited 55 times   8 Legal Analyses
    Affirming anticipation determination where a person of skill in the art would "at once envisage the claimed arrangement or combination"

  8. Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC

    683 F.3d 1356 (Fed. Cir. 2012)   Cited 50 times   7 Legal Analyses
    Finding entry of Rule 54(b) judgment proper with respect to Cadbury commercial products but not Cadbury experimental products

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,016 times   1014 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  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

  12. 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)