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Ex Parte Ptchelintsev

14284869 (P.T.A.B. May. 24, 2018)
Ex Parte Ptchelintsev

10 Cited authorities

  1. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 774 times   146 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  2. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 449 times   147 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  3. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 402 times   83 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  4. Ariosa Diagnostics, Inc. v. Sequenom, Inc.

    788 F.3d 1371 (Fed. Cir. 2015)   Cited 129 times   67 Legal Analyses
    Holding ineligible the claimed process for using PCR to amplify cff-DNA in a sample before detecting it

  5. Funk Bros. Seed Co. v. Kalo Inoculant Co.

    333 U.S. 127 (1948)   Cited 163 times   59 Legal Analyses
    Finding different strains of bacteria unpatentable

  6. In re Roslin Institute (Edinburgh)

    750 F.3d 1333 (Fed. Cir. 2014)   Cited 39 times   9 Legal Analyses
    Stating that patent eligibility under Section 101 is a question of law

  7. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,418 times   2200 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  8. 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"

  9. 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

  10. 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)