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Ex Parte Mortillo et al

13519039 (P.T.A.B. May. 31, 2016)
Ex Parte Mortillo et al

8 Cited authorities

  1. In re Berger

    279 F.3d 975 (Fed. Cir. 2002)   Cited 14 times   1 Legal Analyses
    Declining to consider the merits of indefiniteness rejections not contested before the Board

  2. Application of Mindick

    371 F.2d 892 (C.C.P.A. 1967)   Cited 3 times

    Patent Appeal No. 7731. February 9, 1967. Herbert B. Keil, Richard L. Johnston, Chicago, Ill., for appellants. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern district of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the rejection of claims 13 and 14 of application

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

    35 U.S.C. § 103   Cited 6,059 times   449 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 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"

  5. 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

  6. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  7. Section 352.76 - Determination if a product is water resistant or very water resistant

    21 C.F.R. § 352.76

    The general testing procedures in § 352.72 shall be used as part of the following tests, except where modified in this section. An indoor fresh water pool, whirlpool, and/or jacuzzi maintained at 23 to 32 °C shall be used in these testing procedures. Fresh water is clean drinking water that meets the standards in 40 CFR part 141 . The pool and air temperature and the relative humidity shall be recorded. (a)Procedure for testing the water resistance of a sunscreen product. For sunscreen products making

  8. Section 350.60 - Guidelines for effectiveness testing of antiperspirant drug products

    21 C.F.R. § 350.60

    An antiperspirant in finished dosage form may vary in degree of effectiveness because of minor variations in formulation. To assure the effectiveness of an antiperspirant, the Food and Drug Administration is providing guidelines that manufacturers may use in testing for effectiveness. These guidelines are on file in the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. These guidelines are available on the FDA's web site at http://www