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Ex Parte Sherman et al

11216531 (P.T.A.B. Sep. 28, 2012)
Ex Parte Sherman et al

8 Cited authorities

  1. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 149 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  2. In re Reed

    12 B.R. 41 (Bankr. N.D. Tex. 1981)   Cited 5 times

    Bankruptcy No. 579-00106. Adv. No. 580-0024. June 9, 1981. Jack McClendon, Lubbock, Tex., for debtor. David Langston, Lubbock, Tex., for plaintiff. Jack P. Driskill, Lubbock, Tex., trustee. MEMORANDUM AND ORDER BILL H. BRISTER, Bankruptcy Judge. The debtors filed petition for order for relief under Chapter 7 of Title 11, United States Code, on December 21, 1979. During the two week period preceding the filing of the petition the debtors, obviously engaging in prebankruptcy planning, sold nonexempt

  3. In re Seid

    161 F.2d 229 (C.C.P.A. 1947)   Cited 13 times

    Patent Appeal No. 5283. April 22, 1947. Appeal from Board of Patent Appeals, Serial No. 373,565. Proceeding in the matter of the application of Frederick Seid for a patent relating to an advertising display device. From a decision of the Board of Appeals affirming a decision of the Primary Examiner rejecting claims of application, applicant appeals. Decision affirmed. Charles R. Allen, of Washington, D.C., William G. MacKay and William S. Graham, both of San Francisco, Cal., for appellant. W.W. Cochran

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  5. Section 1 - Establishment

    35 U.S.C. § 1   Cited 518 times   15 Legal Analyses
    Noting that Congress did not intend to change these "narrowing interpretations"

  6. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  7. 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

  8. Section 1.136 - [Effective until 1/19/2025] 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)