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Ex Parte Schmidt et al

13271294 (P.T.A.B. Jun. 28, 2016)
Ex Parte Schmidt et al

6 Cited authorities

  1. Warner-Jenkinson Co. v. Hilton Davis Chemical

    520 U.S. 17 (1997)   Cited 1,724 times   32 Legal Analyses
    Holding that "[t]he determination of equivalence should be applied as an objective inquiry on an element-by-element basis"

  2. In re Wilder

    429 F.2d 447 (C.C.P.A. 1970)   Cited 13 times

    Patent Appeal No. 8194. August 13, 1970. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant; Stevens, Davis, Miller Mosher, Arlington, Va., of counsel. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Before RICH, BALDWIN, and LANE, Judges, and JONES, Senior Judge, United States Court of Claims, sitting by designation. BALDWIN, Judge. Wilder has appealed from the decision of the Patent Office Board of Appeals which

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

    35 U.S.C. § 103   Cited 6,148 times   482 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."

  4. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,016 times   1014 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  5. 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"

  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