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Ex Parte Sargent et al

90011628 (P.T.A.B. Nov. 15, 2013)
Ex Parte Sargent et al

15 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,157 times   62 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. Ormco Corp. v. Align Technology, Inc.

    463 F.3d 1299 (Fed. Cir. 2006)   Cited 201 times   5 Legal Analyses
    Holding that evidence that success was due to prior art features rebutted the presumption

  3. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 165 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  4. J.T. Eaton & Co. v. Atlantic Paste & Glue Co.

    106 F.3d 1563 (Fed. Cir. 1997)   Cited 116 times   1 Legal Analyses
    Holding that the definition of "a term with no previous meaning to those of ordinary skill in the art . . . must be found somewhere in the patent"

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

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 87 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

  6. In re Huang

    100 F.3d 135 (Fed. Cir. 1996)   Cited 91 times   3 Legal Analyses
    Holding that the inventor's opinion as to the purchaser's reason for buying the product is insufficient to demonstrate a nexus

  7. In re Bigio

    381 F.3d 1320 (Fed. Cir. 2004)   Cited 71 times   10 Legal Analyses
    Affirming conclusion that toothbrush and small hair brush were in same field of endeavor because "the structural similarities between toothbrushes and small brushes for hair would have led one of ordinary skill in the art working in the specific field of hairbrushes to consider all similar brushes including toothbrushes"

  8. In re Abbott Diabetes Care Inc.

    696 F.3d 1142 (Fed. Cir. 2012)   Cited 37 times   2 Legal Analyses
    Holding that the conclusion that the claimed electrochemical sensor could not have external wires was supported by, among other considerations, the fact that "every embodiment disclosed in the specification shows . . . sensor without external cables or wires"

  9. In re Suitco Surface

    603 F.3d 1255 (Fed. Cir. 2010)   Cited 35 times   5 Legal Analyses
    In Suitco, we disagreed with the Board's broadest reasonable construction of the term "finishing the top surface of the floor," because the Board's construction "allow[ed] the finishing material to fall anywhere above the surface being finished regardless of whether it actually ‘finishes’ the surface."

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

    35 U.S.C. § 103   Cited 6,063 times   459 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."

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  12. Section 301 - Citation of prior art and written statements

    35 U.S.C. § 301   Cited 117 times   15 Legal Analyses
    Referring to “the proper meaning of a patent claim in a proceeding that is ordered or instituted pursuant to section 304, 314, or 324 ”

  13. 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

  14. 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

  15. Section 1.510 - Request for ex parte reexamination

    37 C.F.R. § 1.510   Cited 29 times   8 Legal Analyses
    Providing that where ex parte reexamination request does not meet requirements, requester is "generally...given an opportunity to complete the request within a specified time"