§

Ex parte OTTEMANN

08254978 (B.P.A.I. Mar. 31, 1998)
Ex parte OTTEMANN

13 Cited authorities

  1. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 67 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  2. Application of Moore

    439 F.2d 1232 (C.C.P.A. 1971)   Cited 46 times
    Noting that the question is whether the scope of enablement conveyed by the disclosure to a person of ordinary skill in the art is commensurate with the scope of protection taught by the claims

  3. In re Lalu

    747 F.2d 703 (Fed. Cir. 1984)   Cited 14 times
    Finding two cases about a different legal issue and with different facts contained dicta that "[wa]s helpful as a guide"

  4. Application of Warner

    379 F.2d 1011 (C.C.P.A. 1967)   Cited 22 times   1 Legal Analyses

    Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U

  5. Application of Knowlton

    481 F.2d 1357 (C.C.P.A. 1973)   Cited 14 times

    Patent Appeal No. 8896. July 26, 1973. Robert O. Nimtz, Murray Hill, N.J., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1-22, all the claims in appellant's

  6. Application of Cohn

    438 F.2d 989 (C.C.P.A. 1971)   Cited 15 times
    Finding claim term indefinite where the patentee's conflicting use of the term rendered the scope of the claims uncertain

  7. Application of Hammack

    427 F.2d 1378 (C.C.P.A. 1970)   Cited 12 times
    Finding claims invalid for indefiniteness where claims “serv[ed] as a shadowy framework upon which are located words lacking in precise referents in the specification”

  8. Application of Wilson

    424 F.2d 1382 (C.C.P.A. 1970)   Cited 3 times
    Noting that the court cannot ignore the specific language in a claim

  9. Application of Steele

    305 F.2d 859 (C.C.P.A. 1962)   Cited 2 times

    Patent Appeal No. 6719. July 25, 1962. J. Hart Evans, Louis C. Smith, Jr., New York City, and Paul A. Rose, Washington D.C., for appellants. Clarence W. Moore, Washington, D.C. (Joseph Schimmel, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions

  10. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

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

    35 U.S.C. § 103   Cited 6,130 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."

  12. Section 5 - Patent and Trademark Office Public Advisory Committees

    35 U.S.C. § 5   Cited 8 times   2 Legal Analyses

    (a) ESTABLISHMENT OF PUBLIC ADVISORY COMMITTEES.- (1) APPOINTMENT.-The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on

  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)