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Ex Parte Ondrla et al

10748448 (P.T.A.B. Sep. 19, 2012)
Ex Parte Ondrla et al

12 Cited authorities

  1. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 392 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

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

    99 F.3d 1568 (Fed. Cir. 1996)   Cited 312 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."

  3. 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"

  4. Comaper Corp. v. Antec, Inc.

    596 F.3d 1343 (Fed. Cir. 2010)   Cited 75 times   1 Legal Analyses
    Holding that "the district court was required to grant a new trial because the jury's verdicts ... were irreconcilably inconsistent."

  5. In re Self

    671 F.2d 1344 (C.C.P.A. 1982)   Cited 6 times

    Appeal No. 81-542. February 18, 1982. Rehearing Denied April 22, 1982. Roland T. Bryan, Stamford, Conn., for appellant. Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., Washington, D.C., for Patent and Trademark Office. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. RICH, Judge. This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board)

  6. Ullstrand v. Coons

    147 F.2d 698 (C.C.P.A. 1945)

    Patent Appeal No. 4949. February 7, 1945. Appeal from the Board of Interference Examiners of the United States Patent Office, Interference No. 79,280. Interference proceeding to determine priority of invention between Hugo M. Ullstrand and Curtis C. Coons. From a decision of the Board of Interference Examiners awarding priority of invention to Curtis C. Coons, Hugo M. Ullstrand appeals. Affirmed. Oliver Titcomb, of New York City, for appellant. Richard R. Fitzsimmons, of Chicago, Ill. (Harry S. Demaree

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,937 times   944 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. 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"

  9. 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

  10. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  11. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  12. 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)