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Ex Parte Oberheim

11803762 (P.T.A.B. Oct. 23, 2012)
Ex Parte Oberheim

10 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 585 times   76 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. Lockwood v. American Airlines, Inc.

    107 F.3d 1565 (Fed. Cir. 1997)   Cited 298 times   6 Legal Analyses
    Holding that "[e]ach application in the chain must describe the claimed features" and that if "one of the intervening applications does not describe" the subject matter, the later application cannot claim the benefit of the earlier application

  3. Enzo Biochem, Inc. v. Gen-Probe Inc.

    323 F.3d 956 (Fed. Cir. 2002)   Cited 118 times   12 Legal Analyses
    Granting petition for rehearing and vacating prior panel decision reported at 285 F.3d 1013 (Fed. Cir. 2002)

  4. Capon v. Eshhar

    418 F.3d 1349 (Fed. Cir. 2005)   Cited 68 times   5 Legal Analyses
    Holding it was error for the Board of Patent Appeals and Interferences to require "recitation in the specification of the nucleotide sequence of claimed DNA, when that sequence is already known in the field"

  5. 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

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,278 times   1023 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

  7. 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"

  8. 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

  9. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   16 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority

  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)