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Ex Parte Raja et al

11686979 (P.T.A.B. Apr. 19, 2016)
Ex Parte Raja et al

9 Cited authorities

  1. Perfect Web Technologies, Inc. v. InfoUSA, Inc.

    587 F.3d 1324 (Fed. Cir. 2009)   Cited 115 times   12 Legal Analyses
    Holding that “an analysis of obviousness ... may include recourse to logic, judgment, and common sense available to the person of ordinary skill [which] do[es] not necessarily require explication in any reference or expert opinion”

  2. Mars, Inc. v. H.J. Heinz Co., L.P.

    377 F.3d 1369 (Fed. Cir. 2004)   Cited 109 times   1 Legal Analyses
    Holding that "mixture" is an open-ended term

  3. In re Huai-Hung Kao

    639 F.3d 1057 (Fed. Cir. 2011)   Cited 88 times   16 Legal Analyses
    Holding that a "food effect" was obvious because the effect was an inherent property of the composition

  4. In re Montgomery

    677 F.3d 1375 (Fed. Cir. 2012)   Cited 37 times   5 Legal Analyses
    Holding that "[c]laim construction is a question of law"

  5. Application of Mullin

    481 F.2d 1333 (C.C.P.A. 1973)

    Patent Appeal No. 8905. August 16, 1973. Charles M. Hogan, Cincinnati, Ohio, Abraham Ogman, Peabody, Mass., attorneys of record, for appellants. Morris Fidelman, Fidelman, Wolffe, Leitner Hiney, Washington, D.C., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Board of Appeals of United States Patent Office. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. ALMOND, Senior

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

    35 U.S.C. § 103   Cited 6,129 times   479 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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