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Ex Parte Setbacken et al

11961864 (P.T.A.B. Oct. 3, 2012)
Ex Parte Setbacken et al

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 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. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 174 times   9 Legal Analyses
    Holding that non-inventor's notebook did not corroborate reduction to practice because the non-inventor "did not testify regarding the notebook or the genuineness of its contents" and the district court was therefore "clearly reliant on the inventor to help identify the author of specific entries made in [the non-inventor's] notebook"

  3. Winner Intern. Royalty Corp. v. Wang

    202 F.3d 1340 (Fed. Cir. 2000)   Cited 153 times
    Holding that "the admission of live testimony on all matters before the Board in a section 146 action, as in this case, makes a factfinder of the district court and requires a de novo trial"

  4. 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"

  5. In re Klein

    647 F.3d 1343 (Fed. Cir. 2011)   Cited 19 times   1 Legal Analyses

    No. 2010-1411. June 6, 2011. Louis W. Tompros, Wilmer, Cutler, Pickering, Hale and Dorr, LLP, of Boston, MA, argued for appellant. With him on the brief were Larissa B. Park and Katherine B. Dirks. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Robert J. McManus, Associate Solicitor. Before, NEWMAN, SCHALL, and LINN, Circuit Judges. SCHALL, Circuit Judge. Arnold

  6. In re Gordon

    733 F.2d 900 (Fed. Cir. 1984)   Cited 31 times   2 Legal Analyses
    Finding that a modification which renders the invention inoperable for its intended purpose is not obvious because it teaches away from the invention

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

    35 U.S.C. § 103   Cited 6,130 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."

  8. 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"

  9. 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

  10. Section 1.104 - Nature of examination

    37 C.F.R. § 1.104   Cited 53 times   9 Legal Analyses
    Providing reasons for patent examiner's rejection of claims, including rejection for prior art "unless the entire rights to the subject matter and the claimed invention were commonly owned by the same person . . ."

  11. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  12. Section 1.136 - 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)