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Ex Parte Phillips et al

13447938 (P.T.A.B. Sep. 28, 2016)
Ex Parte Phillips et al

10 Cited authorities

  1. E-Pass Technologies, Inc. v. 3Com Corp.

    343 F.3d 1364 (Fed. Cir. 2003)   Cited 127 times   3 Legal Analyses
    Holding that the "court's task is not to limit claim language to exclude particular devices because they do no serve a perceived 'purpose' of the invention. Rather, the district court's function is to interpret claims according to their plain language unless the patentee has chosen to be his own lexicographer in the specification or has clearly disclaimed coverage during prosecution. An invention may possess a number of advantages or purposes, and there is no requirement that every claim directed to that invention be limited to encompass all of them."

  2. In re Icon Health

    496 F.3d 1374 (Fed. Cir. 2007)   Cited 46 times   3 Legal Analyses
    Concluding that "[a]nalogous art to Icon's application," which related to "a treadmill with a folding mechanism and a means for retaining that mechanism in the folded position," included "any area describing hinges, springs, latches, counterweights, or other similar mechanisms—such as the folding bed in" the prior art

  3. In re Morris

    127 F.3d 1048 (Fed. Cir. 1997)   Cited 49 times   7 Legal Analyses
    Holding that, in reviewing a claim construction decided under the ‘broadest reasonable interpretation’ standard, we determine whether the interpretation is within the range of reasonableness

  4. 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

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1060 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

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  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 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

  10. Section 41.3 - Petitions

    37 C.F.R. § 41.3   Cited 3 times   33 Legal Analyses

    (a)Deciding official. Petitions must be addressed to the Chief Administrative Patent Judge. A panel or an administrative patent judge may certify a question of policy to the Chief Administrative Patent Judge for decision. The Chief Administrative Patent Judge may delegate authority to decide petitions. (b)Scope. This section covers petitions on matters pending before the Board (§§ 41.35 , 41.64 , 41.103 , and 41.205 ); otherwise, see §§ 1.181 to 1.183 of this title. The following matters are not