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Ex Parte Perez-Cruet et al

14211802 (P.T.A.B. Jul. 10, 2018)
Ex Parte Perez-Cruet et al

10 Cited authorities

  1. Allen Engineering v. Bartell Industries

    299 F.3d 1336 (Fed. Cir. 2002)   Cited 507 times   7 Legal Analyses
    Holding that claims that contradicted the specification were invalid as indefinite

  2. Rowe v. Dror

    112 F.3d 473 (Fed. Cir. 1997)   Cited 229 times   3 Legal Analyses
    Finding that "balloon angioplasty catheter" in preamble to claim was structural limitation

  3. American Medical Systems v. Biolitec

    618 F.3d 1354 (Fed. Cir. 2010)   Cited 123 times   2 Legal Analyses
    Holding that the term "photoselective vaporization" as used in the preamble was simply "a label for the overall invention and not a limitation on the claims"

  4. In re Baxter Int'l, Inc.

    678 F.3d 1357 (Fed. Cir. 2012)   Cited 112 times   11 Legal Analyses
    Holding that a party waives an argument that it raises in the background section of its brief, but not in the argument section

  5. Georgetown Rail Equip. Co. v. Holland L.P.

    867 F.3d 1229 (Fed. Cir. 2017)   Cited 91 times   2 Legal Analyses
    Finding that the jury's willfulness verdict was supported by "evidence of the parties' prior business dealings from which the jury could have inferred that [the infringer] believed that it needed to . . . license [the patents] to avoid infringement"

  6. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  7. 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"

  8. 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

  9. 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)

  10. Section 1.46 - Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter

    37 C.F.R. § 1.46   Cited 2 times   9 Legal Analyses

    (a) A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties. (b) If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph