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Ex parte ROBICHAUX et al.

08400066 (B.P.A.I. Apr. 7, 1998)
Ex parte ROBICHAUX et al.

21 Cited authorities

  1. Wied v. Valhi, Inc.

    465 U.S. 1026 (1984)   Cited 260 times
    Stating that "[t]o demand a slavish adherence to the procedural sequence and to require these defendants, in this case, to articulate the words of renewal once the motion had been taken under advisement, would be 'to succumb to a nominalism and a rigid trial scenario as equally at variance as ambush with the spirit of the rules.'"

  2. Verdegaal Bros., v. Union Oil Co. of Calif

    814 F.2d 628 (Fed. Cir. 1987)   Cited 138 times   2 Legal Analyses
    Holding reliance on non-claimed distinction between prior art method and claimed method "inappropriate" and insufficient to save the claim from inherent anticipation

  3. In re Wright

    999 F.2d 1557 (Fed. Cir. 1993)   Cited 91 times   5 Legal Analyses
    Relying on art published five years after filing date to show what was "sufficiently unpredictable" as of filing date

  4. Kalman v. Kimberly-Clark Corp.

    713 F.2d 760 (Fed. Cir. 1983)   Cited 111 times
    In Kalman, this court determined that the district court's fact finding of identity of invention (reached after a four day bench trial) was not clearly erroneous, and that "the stipulation by the parties, coupled with [Kimberly Clark's] failure to counter Kalman's affidavits and evidence submitted in his motion for summary judgment" dictated a finding of infringement.

  5. U.S. v. Telectronics, Inc.

    857 F.2d 778 (Fed. Cir. 1988)   Cited 89 times
    Holding that district court cannot construct limitations of a broader claim so that they are the same as the limitations of a narrower claim

  6. In re Kaslow

    707 F.2d 1366 (Fed. Cir. 1983)   Cited 75 times
    Holding that prior demonstration of computerized supermarket UPC code system was prior use under meaning of Section 102(b)

  7. In re Wilder

    736 F.2d 1516 (Fed. Cir. 1984)   Cited 48 times
    Finding reissue declaration's assertion of attorney error sufficient

  8. Application of Moore

    439 F.2d 1232 (C.C.P.A. 1971)   Cited 46 times
    Noting that the question is whether the scope of enablement conveyed by the disclosure to a person of ordinary skill in the art is commensurate with the scope of protection taught by the claims

  9. In re Young

    927 F.2d 588 (Fed. Cir. 1991)   Cited 18 times
    Observing that in an obviousness inquiry, courts consider a prior art "reference for what it disclose in relation to the claimed invention."

  10. Application of Marzocchi

    439 F.2d 220 (C.C.P.A. 1971)   Cited 42 times
    Involving the enablement requirement of 35 U.S.C. § 112, first paragraph

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,410 times   1063 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

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

    35 U.S.C. § 103   Cited 6,161 times   492 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,024 times   1026 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 4 - Restrictions on officers and employees as to interest in patents

    35 U.S.C. § 4   Cited 13 times

    Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. 35 U.S.C. § 4 July

  15. Section 1.192-1.196 - Reserved

    37 C.F.R. § 1.192-1.196   Cited 20 times   4 Legal Analyses
    Requiring "a statement . . . that the claims of the group do not stand or fall together," and an explanation "why the claims of the group are believed to be separately patentable"

  16. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)