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Ex parte Rieber et al.

07842915 (B.P.A.I. Mar. 27, 1998)
Ex parte Rieber et al.

9 Cited authorities

  1. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 326 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  2. In re O'Farrell

    853 F.2d 894 (Fed. Cir. 1988)   Cited 168 times   9 Legal Analyses
    Finding patent obvious where the prior art provided a "reasonable expectation of success"

  3. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 67 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  4. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 73 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

  5. In re Dow Chemical Co.

    837 F.2d 469 (Fed. Cir. 1988)   Cited 57 times   2 Legal Analyses
    Stating that the "five to six years of research that preceded the claimed invention" was entitled to fair evidentiary weight in a determination of nonobviousness

  6. In re Fritch

    972 F.2d 1260 (Fed. Cir. 1992)   Cited 30 times
    Stating "dependent claims are nonobvious if the independent claims from which they depend are nonobvious"

  7. In re Hoch

    428 F.2d 1341 (C.C.P.A. 1970)   Cited 20 times

    Patent Appeal No. 8323. July 30, 1970. Raymond F. Kramer, Buffalo, N.Y., Donald C. Studley, William J. Schramm, Niagara Falls, N.Y., attorneys of record, for appellant. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the

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

    35 U.S.C. § 103   Cited 6,130 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."

  9. Section 1.142 - Requirement for restriction

    37 C.F.R. § 1.142   Cited 25 times   2 Legal Analyses
    Discussing requirement for restriction