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Ex Parte Mino

24 Cited authorities

  1. Edison Co. v. Labor Board

    305 U.S. 197 (1938)   Cited 19,605 times   6 Legal Analyses
    Holding that a Board order cannot be grounded in hearsay

  2. Consolo v. Federal Maritime Comm'n

    383 U.S. 607 (1966)   Cited 3,667 times   1 Legal Analyses
    Holding that even if two inconsistent conclusions may be drawn from the evidence, the agency's interpretation may be supported by substantial evidence

  3. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  4. Dávila v. Corporación de Puerto Rico para la Difusión Pública

    498 F.3d 9 (1st Cir. 2007)   Cited 383 times   3 Legal Analyses
    Holding that "[w]hen assessing a claim of pretext in an employment discrimination case, a court's focus is necessarily on the motivations and perceptions of the decisionmaker"

  5. Matsushita Elec. Indus. Co., v. United States

    750 F.2d 927 (Fed. Cir. 1984)   Cited 313 times
    Finding that given "inherently predictive" nature of review investigation, "Commission must assess, based on currently available evidence and on logical assumptions and extrapolations flowing from that evidence, the likely effect of revocation of the antidumping order on the behavior of the importers."

  6. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  7. In re Kotzab

    217 F.3d 1365 (Fed. Cir. 2000)   Cited 120 times   1 Legal Analyses
    Holding that for a patent to be obvious, "there must be some motivation, suggestion or teaching of the desirability of making the specific combination that was made by the applicant."

  8. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  9. Rapoport v. Dement

    254 F.3d 1053 (Fed. Cir. 2001)   Cited 57 times   3 Legal Analyses
    Finding no inherent anticipation where intent for administering buspirone as part of asserted claims - to treat sleep apnea - resulted in manipulative difference from method disclosed in prior art - which was to treat anxiety; dosing regime for anxiety was three times daily while regime for sleep apnea was larger dose once a day at time of sleep

  10. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,422 times   1069 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

  12. 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"

  13. Section 145 - Civil action to obtain patent

    35 U.S.C. § 145   Cited 508 times   137 Legal Analyses
    Granting 60 days within which to file for District Court review of the PTO's decision

  14. Section 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 460 times   91 Legal Analyses
    Imposing no such requirement

  15. 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

  16. Section 102 - Military departments

    5 U.S.C. § 102   Cited 49 times
    Defining "military department" to include the Department of the Air Force

  17. Section 102 - Construction; severability

    6 U.S.C. § 102   Cited 1 times

    Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances

  18. 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 118 times   17 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"

  19. 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)