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Ex Parte PI et al

12916019 (P.T.A.B. Jul. 30, 2018)
Ex Parte PI et al

9 Cited authorities

  1. New Railhead Mfg. v. Vermeer Mfg. Co.

    298 F.3d 1290 (Fed. Cir. 2002)   Cited 73 times   5 Legal Analyses
    Finding that performance of the claimed method of drilling in rock at a commercial jobsite under public land, hidden from view, constituted public use

  2. Dynamic Drinkware, LLC v. National Graphics, Inc.

    800 F.3d 1375 (Fed. Cir. 2015)   Cited 42 times   18 Legal Analyses
    Stating that once the petitioner meets its initial burden of going forward with evidence that there is anticipating prior art, the patent owner has "the burden of going forward with evidence either that the prior art does not actually anticipate, or . . . that it is not prior art because the asserted claim is entitled to the benefit of a filing date prior to the alleged prior art." (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008))

  3. Amgen Inc. v. Sanofi, Aventisub LLC

    872 F.3d 1367 (Fed. Cir. 2017)   Cited 33 times   21 Legal Analyses
    Finding that post-priority-date evidence of potentially undue experimentation was relevant to determining enablement

  4. 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

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,154 times   485 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."

  7. 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

  8. 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)

  9. Section 41.4 - Timeliness

    37 C.F.R. § 41.4

    (a)Extensions of time. Extensions of time will be granted only on a showing of good cause except as otherwise provided by rule. (b)Late filings. (1) A late filing that results in either an application becoming abandoned or a reexamination prosecution becoming terminated under § 1.550(d) or § 1.957(b) of this title or limited under § 1.957(c) of this title may be revived as set forth in § 1.137 of this title. (2) A late filing that does not result in either an application becoming abandoned or a reexamination