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Ex Parte Oh et al

14078019 - (D) (P.T.A.B. Jun. 26, 2019)
Ex Parte Oh et al

7 Cited authorities

  1. Gillette Co. v. Energizer Holdings, Inc.

    405 F.3d 1367 (Fed. Cir. 2005)   Cited 155 times   2 Legal Analyses
    Holding party to “blatant admission” in argument made to EPO

  2. Genentech, Inc. v. Chiron Corp.

    112 F.3d 495 (Fed. Cir. 1997)   Cited 136 times
    Holding that in construing the count, the court "must look at the language as a whole and consider the grammatical structure and syntax"

  3. Mars, Inc. v. H.J. Heinz Co., L.P.

    377 F.3d 1369 (Fed. Cir. 2004)   Cited 108 times   1 Legal Analyses
    Holding that "mixture" is an open-ended term

  4. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

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

    35 U.S.C. § 103   Cited 6,121 times   477 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