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Ex Parte Roberts et al

12405708 (P.T.A.B. Aug. 31, 2018)
Ex Parte Roberts et al

6 Cited authorities

  1. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  2. In re Oelrich

    666 F.2d 578 (C.C.P.A. 1981)   Cited 94 times   5 Legal Analyses
    Stating that "[t]he mere fact that a certain thing may result from a given set of circumstances is not sufficient" to establish inherency (quoting Hansgirg v. Kemmer , 102 F.2d 212, 214 (C.C.P.A. 1939) )

  3. In re Herz

    537 F.2d 549 (C.C.P.A. 1976)   Cited 5 times   1 Legal Analyses
    Noting that the transitional phrase "consisting essentially of" permits some additional elements, but excludes additional unspecified materials or steps that would "materially affect the basic and novel characteristic" of the claimed invention

  4. The Lessee of Ashton v. Ashton

    1 U.S. 4 (1760)

    APRIL TERM, 1760. For the Plaintiff it was answered: 1st. That this was no present Devise, the Testator taking Notice that I.S. had no Son born by the Word first Heir Male, and using the Words when and paying. — 2d. That this Contingency was not too remote, because the Testator by the Words first Heir Male, must have meant first Son; and that such a Construction must be made as to carry the Intent of the Testator into Execution. — 3d. First Heir Male are Words of Purchase and Designatio Personæ,

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  6. 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