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Ex Parte RE39038 et al

90012220 (P.T.A.B. Dec. 12, 2014)
Ex Parte RE39038 et al

9 Cited authorities

  1. Altiris, Inc. v. Symantec Corp.

    318 F.3d 1363 (Fed. Cir. 2003)   Cited 321 times
    Holding that the district court improperly read limitations from the specification into the claims

  2. Dickinson & Co. v. Tyco Healthcare Grp., LP

    616 F.3d 1249 (Fed. Cir. 2010)   Cited 209 times   1 Legal Analyses
    Holding "hinged arm" could not be connected to itself

  3. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 88 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  4. McBride v. Merrell Dow and Pharmaceuticals

    800 F.2d 1208 (D.C. Cir. 1986)   Cited 133 times
    Holding arguments first raised in reply brief are forfeited

  5. Kaufman Co., Inc. v. Lantech, Inc.

    807 F.2d 970 (Fed. Cir. 1986)   Cited 96 times   2 Legal Analyses
    Holding that where all claims of the reexamined patent are "in the category of a 'proposed amended or new claim determined to be patentable and incorporated following a reexaminationproceeding,'" "the patentee has no rights to enforce [a non-identical, amended claim] before the date of reissue because the original patent was surrendered and is dead" (quoting 35 U.S.C. § 252) (first emphasis added)

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,996 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  8. Section 1.550 - Conduct of ex parte reexamination proceedings

    37 C.F.R. § 1.550   Cited 32 times   2 Legal Analyses
    Discussing limited involvement of requester and third parties in re-examination proceedings

  9. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by