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Ex Parte Mohr et al

11027286 (P.T.A.B. Aug. 19, 2013)
Ex Parte Mohr et al

10 Cited authorities

  1. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 23 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  2. In re Ngai

    367 F.3d 1336 (Fed. Cir. 2004)   Cited 15 times   1 Legal Analyses
    Noting that allowing claims where the printed matter was the only novel contribution would allow "anyone [to] continue patenting a product indefinitely provided that they add a new instruction sheet to the product"

  3. Application of Kronig

    539 F.2d 1300 (C.C.P.A. 1976)   Cited 18 times
    Holding no new ground of rejection when the Board relied on the same statutory basis and the same reasoning advanced by the examiner

  4. Application of Wilson

    424 F.2d 1382 (C.C.P.A. 1970)   Cited 3 times
    Noting that the court cannot ignore the specific language in a claim

  5. In re Seid

    161 F.2d 229 (C.C.P.A. 1947)   Cited 13 times

    Patent Appeal No. 5283. April 22, 1947. Appeal from Board of Patent Appeals, Serial No. 373,565. Proceeding in the matter of the application of Frederick Seid for a patent relating to an advertising display device. From a decision of the Board of Appeals affirming a decision of the Primary Examiner rejecting claims of application, applicant appeals. Decision affirmed. Charles R. Allen, of Washington, D.C., William G. MacKay and William S. Graham, both of San Francisco, Cal., for appellant. W.W. Cochran

  6. In re Sterling

    70 F.2d 910 (C.C.P.A. 1934)   Cited 13 times

    Patent Appeal No. 3288. May 31, 1934. Appeal from the Board of Patent Appeals, Serial No. 545,989. Application by Don. L. Sterling for a patent relating to bank checks and stubs thereof. From a decision of the Board of Appeals of the United States Patent Office, approving grounds upon which the Examiner rejected the application, the applicant appeals. Affirmed. Jack A. Schley, of Dallas, Tex., and Charles H. Lane and Munson H. Lane, both of Washington, D.C., for appellant. T.A. Hostetler, of Washington

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

    35 U.S.C. § 103   Cited 6,061 times   459 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  9. 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

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)