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Ex Parte Oehms et al

10595924 (B.P.A.I. Mar. 21, 2012)
Ex Parte Oehms et al

6 Cited authorities

  1. York Products, Inc. v. Central Tractor Farm & Family Center

    99 F.3d 1568 (Fed. Cir. 1996)   Cited 315 times
    Holding that the claim language "means formed on the . . . sidewall portions including a plurality of spaced apart . . . members protruding from the . . . sidewall portions and forming load lock . . ." did not invoke § 112, ¶ 6: "The claim language does not link the term means to a function . . . Instead, the claim recites structure. . . . Without a `means' sufficiently connected to a recited function, the presumption in use of the word `means' does not operate."

  2. Cordis Corp. v. Medtronic Ave, Inc.

    339 F.3d 1352 (Fed. Cir. 2003)   Cited 180 times   2 Legal Analyses
    Finding sufficient evidence to support finding that there was “some connection” between two parties jointly performing method claim

  3. Playtex Products, Inc. v. Procter Gamble

    400 F.3d 901 (Fed. Cir. 2005)   Cited 153 times
    Holding that the district court's construction of the term "substantially flattened surfaces" improperly "introduce[d] a numerical tolerance to the flatness"

  4. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  5. 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"

  6. 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