Ex Parte Simonutti

8 Cited authorities

  1. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 381 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art
  2. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 175 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. In re Stepan Co.

    868 F.3d 1342 (Fed. Cir. 2017)   Cited 13 times   5 Legal Analyses

    2016-1811 08-25-2017 IN RE: STEPAN COMPANY, Appellant Thomas J. Wimbiscus, McAndrews, Held & Malloy, Ltd., Chicago, IL, argued for appellant. Also represented by George Wheeler. Jeremiah Helm, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by Nathan K. Kelley, Thomas W. Krause, Frances Lynch. Opinion for the court filed by Circuit Judge Moore. Thomas J. Wimbiscus , McAndrews, Held & Malloy, Ltd., Chicago, IL,

  4. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield
  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,376 times   1047 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
  6. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,135 times   480 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."
  7. 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"
  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