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Ex Parte Paynter et al

14102042 (P.T.A.B. May. 10, 2018)
Ex Parte Paynter et al

16 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Sakraida v. Ag Pro, Inc.

    425 U.S. 273 (1976)   Cited 237 times   1 Legal Analyses
    Holding that a combination is obvious if a patent "simply arranges old elements with each performing the same function it had been known to perform" and yields predictable results

  3. Galderma Labs., L.P. v. Tolmar, Inc.

    737 F.3d 731 (Fed. Cir. 2014)   Cited 67 times   7 Legal Analyses
    Holding where the claimed value fell within prior art range, burden of production switched to the party opposing the obviousness challenge, while burden of proof remanded with challenger

  4. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 76 times   7 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  5. Icon Health & Fitness, Inc. v. Strava, Inc.

    849 F.3d 1034 (Fed. Cir. 2017)   Cited 42 times   4 Legal Analyses
    Holding that the Board incorporated the Examiner's findings by reference because it particularly identified the Right of Appeal Notice and the specific page ranges where the incorporated material could be found

  6. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  7. Meiresonne v. Google, Inc.

    849 F.3d 1379 (Fed. Cir. 2017)   Cited 18 times   2 Legal Analyses

    2016-1755 03-07-2017 Michael MEIRESONNE, Appellant v. GOOGLE, INC., Appellee Mark A. Jotanovic, Brooks Kushman PC, Southfield, MI, argued for appellant. Also represented by Thomas A. Lewry, William G. Abbatt, John S. Leroy. Gregory A. Castanias, Jones Day, Washington, DC, argued for appellee. Also represented by Israel Sasha Mayergoyz, Chicago, IL; Krista Schwartz, San Francisco, CA. Moore, Circuit Judge. Mark A. Jotanovic , Brooks Kushman PC, Southfield, MI, argued for appellant. Also represented

  8. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 43 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  9. IN RE FOUT

    675 F.2d 297 (C.C.P.A. 1982)   Cited 24 times
    Holding preamble of Jepson-type claim to be admitted prior art where applicant's specification credited another as the inventor of the subject matter of the preamble

  10. 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)

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

    35 U.S.C. § 103   Cited 6,065 times   462 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 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 183 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"

  13. 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

  14. 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

  15. 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)