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Ex Parte May

14 Cited authorities

  1. Hazeltine Research, Inc. v. Brenner

    382 U.S. 252 (1965)   Cited 67 times   2 Legal Analyses
    In Hazeltine the Court utilized all of the reference patent disclosure as prior art. But because that disclosure was insufficient to support a rejection under § 102(e) alone, the Court approved combining it with a second reference for purposes of determining obviousness.

  2. In re Wertheim

    646 F.2d 527 (C.C.P.A. 1981)   Cited 18 times   2 Legal Analyses
    Holding that entitlement to an "earlier U.S. filing date for the patent necessarily depends on further compliance with §§ 120 and 112"

  3. Application of Zenitz

    333 F.2d 924 (C.C.P.A. 1964)   Cited 15 times

    Patent Appeal No. 7142. July 9, 1964. Laurence Laurence, Washington, D.C. (Dean Laurence, Herbert I. Sherman, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. WORLEY, Chief Judge. Zenitz appeals from the affirmance by the Board of Appeals of the rejection of claims 3, 5, 9 through 12 and 21 of his patent application

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,423 times   1070 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

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

    35 U.S.C. § 103   Cited 6,174 times   493 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."

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,034 times   1029 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 604 times   117 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application

  8. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 271 times   77 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  9. Section 111 - Application

    35 U.S.C. § 111   Cited 220 times   85 Legal Analyses
    Requiring submission of a fee with the application

  10. Section 121 - Divisional applications

    35 U.S.C. § 121   Cited 218 times   72 Legal Analyses
    Explaining that "the other invention [can be] made the subject of a divisional application"

  11. Section 122 - Confidential status of applications; publication of patent applications

    35 U.S.C. § 122   Cited 176 times   45 Legal Analyses
    Providing that with certain exceptions, "each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title."

  12. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  13. 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)

  14. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 8 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