Ex Parte Ozanne

13 Cited authorities

  1. In re Abbott Diabetes Care Inc.

    696 F.3d 1142 (Fed. Cir. 2012)   Cited 41 times   2 Legal Analyses
    Holding that the conclusion that the claimed electrochemical sensor could not have external wires was supported by, among other considerations, the fact that "every embodiment disclosed in the specification shows . . . sensor without external cables or wires"
  2. In re Suitco Surface

    603 F.3d 1255 (Fed. Cir. 2010)   Cited 36 times   5 Legal Analyses
    In Suitco, we disagreed with the Board's broadest reasonable construction of the term "finishing the top surface of the floor," because the Board's construction "allow[ed] the finishing material to fall anywhere above the surface being finished regardless of whether it actually ‘finishes’ the surface."
  3. Merck Co., Inc. v. Biocraft Laboratories

    874 F.2d 804 (Fed. Cir. 1989)   Cited 47 times   2 Legal Analyses
    Holding that the prior art's disclosure of a multitude of combinations failed to render any particular formulation less obvious
  4. Application of Prater

    415 F.2d 1393 (C.C.P.A. 1969)   Cited 78 times   4 Legal Analyses
    Holding that claims are given their broadest reasonable interpretation during examination "since the applicant may then amend his claims"
  5. In re Baker Hughes Inc.

    215 F.3d 1297 (Fed. Cir. 2000)   Cited 22 times

    No. 99-1463 DECIDED: June 14, 2000 Appealed from Patent Trademark Office Board of Patent Appeals Interferences (Reexamination Nos. 90/003,346 and 90/003,873). Kenneth Solomon, Howell Haferkamp, L.C., of St. Louis, Missouri, argued for appellant. Kristin L. Yohannan, Associate Solicitor, Office of the Solicitor, Arlington, Virginia, argued for appellee. With her on the brief wereAlbin F. Drost, Acting Solicitor; John M. Whealan, Acting Deputy Solicitor; and Kevin G. Baer, Associate Solicitor. Of counsel

  6. Application of Lamberti

    545 F.2d 747 (C.C.P.A. 1976)   Cited 16 times

    Patent Appeal No. 76-610. December 9, 1976. Kenneth F. Dusyn, atty. of record, for appellants; Melvin H. Kurtz and M. Ted Raptes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board

  7. In re Boe

    355 F.2d 961 (C.C.P.A. 1966)   Cited 26 times

    Patent Appeal No. 7535. February 17, 1966. Burgess, Dinklage Sprung, Arnold Sprung, New York City, for appellant. Clarence W. Moore, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. SMITH, Judge. The Board of Appeals affirmed the examiner's rejection of claims 9, 11 and 12 of appellant's application for patent Serial No. 845,743, filed August 12, 1959, for "Highly Porous And Absorptive

  8. Application of Priest

    582 F.2d 33 (C.C.P.A. 1978)   Cited 3 times

    Appeal No. 78-511. August 17, 1978. Eugene C. Trautlein, New York City, for appellant; James C. Arvantes, Union Carbide Corp., Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."
  10. 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"
  11. 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

  12. 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
  13. Section 1.136 - [Effective until 1/19/2025] 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)