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Ex Parte Schowalter et al

12020006 (P.T.A.B. Apr. 28, 2016)
Ex Parte Schowalter et al

8 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,540 times   183 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 339 times   41 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."

  3. In re Oelrich

    666 F.2d 578 (C.C.P.A. 1981)   Cited 91 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) )

  4. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 44 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  5. Hansgirg v. Kemmer

    102 F.2d 212 (C.C.P.A. 1939)   Cited 57 times   3 Legal Analyses

    Patent Appeal No. 4077. February 27, 1939. Appeal from the Board of Patent Appeals, Interference No. 73,230. Interference proceeding between Fritz Hansgirg and Frank R. Kemmer. From a decision of the Board of Appeals of the United States Patent Office affirming decision of the Examiner of Interferences, the former appeals. Reversed. Brown, Critchlow Flick, of Pittsburgh, Pa. (Jo. Baily Brown and Fulton B. Flick, both of Pittsburgh, Pa., of counsel), for appellant. H.C. Bierman, of New York City,

  6. Application of McLaughlin

    443 F.2d 1392 (C.C.P.A. 1971)   Cited 11 times

    Patent Appeal No. 8474. June 24, 1971. Norman Lettvin, Chicago, Ill., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; R.V. Lupo, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and RE, Judge, United States Customs Court, sitting by designation. BALDWIN, Judge. McLaughlin has appealed from the decision of the Patent Office Board of Appeals sustaining the rejection of claims 13, 14 and 15 in his application as unpatentable

  7. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 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"

  8. 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