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Ex Parte Mundschau et al

12172039 - (D) (P.T.A.B. Feb. 11, 2019)
Ex Parte Mundschau et al

5 Cited authorities

  1. In re Peterson

    315 F.3d 1325 (Fed. Cir. 2003)   Cited 69 times   14 Legal Analyses
    Holding that any overlap between a claimed range and one in the prior art is sufficient for a prima facie case of obviousness, even if insufficient to render it unpatentable

  2. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  3. Ineos USA LLC v. Berry Plastics Corp.

    783 F.3d 865 (Fed. Cir. 2015)   Cited 16 times   3 Legal Analyses
    Affirming summary judgment of anticipation of patent claims for composition with "0.05 to 0.5% by weight of at least one saturated fatty acid amide" lubricant in view of a prior art reference disclosing the same class of lubricant in an overlapping range of "0.1 to 5 parts by weight," and the parties agreed that a measurement in "% by weight" was equivalent to one in "parts by weight"

  4. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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