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Ex parte Miller et al.

08265698 (B.P.A.I. Dec. 20, 2000)
Ex parte Miller et al.

8 Cited authorities

  1. Akzo N.V. v. U.S. International Trade Commission

    808 F.2d 1471 (Fed. Cir. 1986)   Cited 145 times   1 Legal Analyses
    Holding that the former requirement to prove an injury to the domestic industry, which was “wed[ded] to the particular facts of each case” and was “precisely the type of question which Congress has committed to the expertise of the Commission,” was subject to substantial evidence review

  2. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  3. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 69 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  4. Application of Antonie

    559 F.2d 618 (C.C.P.A. 1977)   Cited 24 times   3 Legal Analyses

    Patent Appeal No. 76-681. Decided August 18, 1977. Arthur H. Seidel, Thomas W. Ehrmann, Milwaukee, Wis. (Quarles Brady, Milwaukee, Wis.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, R.D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Judge, United States Customs Court. BALDWIN, Judge. This is an appeal

  5. Application of Mercier

    515 F.2d 1161 (C.C.P.A. 1975)   Cited 12 times

    Patent Appeal No. 74-528. May 15, 1975. Keith V. Rockey, Chicago, Ill., attorney of record, for appellant. David R. Murphy, Arlington, Va., of counsel. Joseph F. Nakamura, Jack E. Armore, Associate Sol., Washington, D.C., for Commissioner of Patents. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the examiner's

  6. Application of Wesslau

    353 F.2d 238 (C.C.P.A. 1965)   Cited 20 times   1 Legal Analyses

    Patent Appeal No. 7447. November 26, 1965. Arnold Sprung, New York City, Arnold B. Christen, Washington, D.C., for appellant. Clarence W. Moore, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. ALMOND, Judge. This appeal is from the decision of the Board of Appeals affirming the rejection of claims 35-43 in appellant's application entitled "Process for the Production of Polyethylene

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

    35 U.S.C. § 103   Cited 6,173 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."

  8. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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