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Ex Parte Rose et al

10998178 (B.P.A.I. Jan. 25, 2012)
Ex Parte Rose et al

13 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,828 times   167 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Datamize, LLC v. Plumtree Software, Inc.

    417 F.3d 1342 (Fed. Cir. 2005)   Cited 588 times   13 Legal Analyses
    Holding claim term “aesthetically pleasing” indefinite because, even though the preferred embodiment provided “examples of aesthetic features of screen displays that can be controlled by the authoring system,” the specification did not indicate “what selection of these features would be ‘aesthetically pleasing’ ”

  3. Cordis Corp. v. Boston Scientific Corp.

    561 F.3d 1319 (Fed. Cir. 2009)   Cited 271 times   8 Legal Analyses
    Holding that a reference was not prior art despite "distribution to a limited number of entities without a legal obligation of confidentiality" because it was not sufficiently publicly accessible

  4. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 340 times   43 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  5. ACTV, Inc. v. Walt Disney Co.

    346 F.3d 1082 (Fed. Cir. 2003)   Cited 216 times
    Rejecting construction of the term "Internet address" as meaning "a particular host on the Internet, specified by a uniformresource locator that is unique to that host" because the district court construed "uniform resource locator" to mean "the complete address of a site on the Internet specifying both a protocol type and a resource location"

  6. Standard Havens Products v. Gencor Indus

    953 F.2d 1360 (Fed. Cir. 1992)   Cited 127 times   1 Legal Analyses
    Holding method claims were not directly infringed by the mere sale of an apparatus capable of performing the claimed process

  7. 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

  8. In re Icon Health

    496 F.3d 1374 (Fed. Cir. 2007)   Cited 46 times   3 Legal Analyses
    Concluding that "[a]nalogous art to Icon's application," which related to "a treadmill with a folding mechanism and a means for retaining that mechanism in the folded position," included "any area describing hinges, springs, latches, counterweights, or other similar mechanisms—such as the folding bed in" the prior art

  9. Hockerson-Halberstadt v. Converse Inc.

    183 F.3d 1369 (Fed. Cir. 1999)   Cited 57 times
    Holding that "[w]hether amendments made during reexamination enlarge the scope of a claim is a matter of claim construction" which is "a matter of law"

  10. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

  11. 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."

  12. 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"

  13. 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