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Ex Parte Nguyen-Stella et al

12430304 (P.T.A.B. Aug. 22, 2017)
Ex Parte Nguyen-Stella et al

7 Cited authorities

  1. In re Eli Lilly & Co.

    902 F.2d 943 (Fed. Cir. 1990)   Cited 15 times
    Holding that an unexpected result in increasing the efficiency of feed utilization in ruminant animals was not sufficient when it was expected that the combination would increase weight gain in animals, as the prior art had invited experimentation in this area

  2. In re Ochiai

    71 F.3d 1565 (Fed. Cir. 1995)   Cited 8 times   2 Legal Analyses

    No. 92-1446. December 11, 1995. Harold C. Wegner, Foley Lardner, of Washington, D.C., argued for appellant. With him on the brief were Herbert I. Cantor and Douglas P. Mueller. Of counsel was Don J. Pelto. Fred E. McKelvey, Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. Nancy J. Linck, Solicitor, of Arlington, Virginia, Lee E. Barrett, Associate Solicitor, John W. Dewhirst, Associate Solicitor, Albin F. Drost, Deputy Solicitor and Richard E. Schafer, Associate Solicitor

  3. In re Yates

    663 F.2d 1054 (C.C.P.A. 1981)   Cited 12 times

    Appeal No. 81-557. November 5, 1981. Frank C. Hilberg, Jr., Wilmington, Del., and Hoge T. Sutherland, Arlington, Va., for appellant. Joseph F. Nakamura, Sol., and Henry W. Tarring, II, Associate Sol., Washington, D.C., for Patent and Trademark Office. Before MARKEY Chief Judge, and RICH, BALDWIN, MILLER and NIES Judges. MILLER, Judge. This is an appeal from a decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board"), sustaining the examiner's 35 U.S.C. § 103 rejection of claims

  4. Application of Rose

    220 F.2d 459 (C.C.P.A. 1955)   Cited 3 times

    Patent Appeal No. 6080. March 22, 1955. J. Preston Swecker, Washington, D.C. (William L. Mathis, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C. (H.S. Miller, Washington, D.C., of counsel), for Commissioner of Patents. Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY and COLE, Judges. JOHNSON, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the holding of the Primary Examiner rejecting as unpatentable

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

    35 U.S.C. § 103   Cited 6,129 times   479 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."

  6. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  7. 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