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Ex parte Shimoda

08216807 (B.P.A.I. Oct. 29, 1999)
Ex parte Shimoda

13 Cited authorities

  1. In re Donaldson Co., Inc.

    16 F.3d 1189 (Fed. Cir. 1994)   Cited 206 times   6 Legal Analyses
    Holding that 35 U.S.C. § 112 ¶ 6, which limits means-plus-function claims to the structures described in the specification and their equivalents, "applies regardless of the context in which the interpretation of means-plus-function language arises, i.e., whether as part of a patentability determination in the PTO or as part of a validity or infringement determination in a court"

  2. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  3. Hazeltine Corp. v. RCA Corp.

    468 U.S. 1228 (1984)   Cited 19 times
    Finding that, when viewed in context, plaintiff's counsel's "Golden Rule" and other improper arguments did not prejudice defendants

  4. RCA Corp. v. Applied Digital Data Systems, Inc.

    730 F.2d 1440 (Fed. Cir. 1984)   Cited 59 times
    Holding that dependent claim "cannot be anticipated" where the independent claim "is not anticipated"

  5. Application of Wiechert

    370 F.2d 927 (C.C.P.A. 1967)   Cited 51 times

    Patent Appeal No. 7636. January 19, 1967. Michael S. Striker, New York City, for appellant. Joseph Schimmel, Washington, D.C., (Jack E. Armore, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1-3 of application serial No. 98,026, filed March 24, 1961, for "1a-Methyl Steroids." Claims

  6. In re Queener

    796 F.2d 461 (Fed. Cir. 1986)   Cited 1 times

    Appeal No. 85-2084. July 21, 1986. Charles E. Rohrer, Intern. Business Machines Corp., Boulder, Colo., argued, for appellant. With him on brief was Elliott Pollack, Pollack, Vande Sande and Priddy, Washington, D.C. John W. Dewhirst, Associate Solicitor, U.S. Patent and Trademark Office, Arlington, Va., argued, for appellee. With him on brief were Joseph F. Nakamura, Solicitor and Fred E. McKelvey, Deputy Solicitor. Appeal from the United States Patent and Trademark Office Board of Appeals. Before

  7. Application of Lundberg

    244 F.2d 543 (C.C.P.A. 1957)   Cited 26 times

    Patent Appeal No. 6239. May 7, 1957. E. Clarkson Seward, New York City, for appellants. Clarence W. Moore, Washington, D.C., (George C. Roeming, Washington, D.C., of counsel), for Com'r of Patents. Before JOHNSON, Chief Judge, and WORLEY, RICH and JACKSON (retired), Judges. JOHNSON, Chief Judge. This is an appeal from a decision of the Board of Appeals of the United States Patent Office, rejecting claims 51 and 54-58, the only remaining claims in appellants' application for "Apparatus for and Method

  8. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,420 times   1069 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

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  12. Section 1.192-1.196 - Reserved

    37 C.F.R. § 1.192-1.196   Cited 20 times   4 Legal Analyses
    Requiring "a statement . . . that the claims of the group do not stand or fall together," and an explanation "why the claims of the group are believed to be separately patentable"

  13. 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)