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Ex Parte Skurnik et al

14048219 (P.T.A.B. Jan. 31, 2017)
Ex Parte Skurnik et al

8 Cited authorities

  1. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 208 times   2 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

  2. Application of Aslanian

    590 F.2d 911 (C.C.P.A. 1979)   Cited 6 times
    Explaining that in determining obviousness, all references are assessed "on the basis of what they reasonably disclose and suggest to one skilled in the art" (quoting In re Baum , 374 F.2d 1004, 1009 (CCPA 1967) )

  3. Roberts v. Ryer

    91 U.S. 150 (1875)   Cited 98 times
    In Roberts v. Ryer, 91 U.S. 150, 151, 23 L. Ed. 267, the Supreme Court said it is no new invention to use an old machine for a new purpose.

  4. Application of Michlin

    45 C.C.P.A. 1028 (C.C.P.A. 1958)   Cited 6 times

    Patent Appeal No. 6373. June 24, 1958. Hyman A. Michlin, pro se. Clarence W. Moore, Washington, D.C. (David Kreider, Washington, D.C., of counsel), for the Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Judges. WORLEY, Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the final rejection by the Primary Examiner of claims 94, 95, and 97 to 100, inclusive, of appellant's application for a patent on

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

    35 U.S.C. § 103   Cited 6,061 times   459 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."

  6. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)