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Ex Parte Shen et al

10621637 (P.T.A.B. Mar. 25, 2013)
Ex Parte Shen et al

12 Cited authorities

  1. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 975 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

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

    346 F.3d 1082 (Fed. Cir. 2003)   Cited 217 times
    Finding district court construction of a term improperly relied on circular reasoning to another term and was not supported by the claim language or specification

  3. In re Bogese

    303 F.3d 1362 (Fed. Cir. 2002)   Cited 44 times   5 Legal Analyses
    Finding that Section 2(b) empowers the USPTO to "set reasonable deadlines and requirements for the prosecution of applications"

  4. Application of Craig

    411 F.2d 1333 (C.C.P.A. 1969)   Cited 15 times
    Relying on the "well settled principle that statutes granting tax exemptions or deferments must be strictly construed"

  5. Application of Borkowski

    505 F.2d 713 (C.C.P.A. 1975)   Cited 5 times

    Patent Appeal No. 74-564. November 27, 1974. Rehearing Denied January 23, 1975. Barry A. Bisson, Wilmington, Del., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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

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

    35 U.S.C. § 103   Cited 6,153 times   485 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 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   73 Legal Analyses
    Describing the reissue of defective patents

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"

  10. 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

  11. 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

  12. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by