§

Ex Parte Miller

12451814 (P.T.A.B. Jun. 23, 2016)
Ex Parte Miller

5 Cited authorities

  1. Application of Stempel

    241 F.2d 755 (C.C.P.A. 1957)   Cited 38 times
    Discussing what is necessary to successfully "swear back" of a reference under Rule 131, when the reference discloses a species of the applicant's generic claim

  2. Application of Stryker

    435 F.2d 1340 (C.C.P.A. 1971)   Cited 5 times

    Patent Appeal No. 8420. January 14, 1971. Fred S. Valles, Ronald J. Carlson, Paramus, N.J., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN, and LANE, Judges, and NEWMAN, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the rejection of both claims in appellant's

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

    35 U.S.C. § 103   Cited 6,066 times   464 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."

  4. 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

  5. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 116 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"