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Ex Parte Stathis et al

11454466 (P.T.A.B. Oct. 17, 2012)
Ex Parte Stathis et al

13 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,714 times   164 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 805 times   158 Legal Analyses
    Holding claims directed to hedging risk ineligible

  3. Teleflex, Inc. v. Ficosa North America Corp.

    299 F.3d 1313 (Fed. Cir. 2002)   Cited 1,444 times   7 Legal Analyses
    Holding a patentee may define a claim term by implication, through the term's consistent use throughout the specification

  4. Cybersource Corp.. v. Retail Decisions Inc.

    654 F.3d 1366 (Fed. Cir. 2011)   Cited 278 times   22 Legal Analyses
    Holding that a claim whose "steps can be performed in the human mind, or by a human using a pen and paper" is directed to an "unpatentable mental process"

  5. In re Bilski

    545 F.3d 943 (Fed. Cir. 2008)   Cited 270 times   40 Legal Analyses
    Holding that non-preemption under the second step of what was then called the "Freeman –Walter –Abele test" requires that the claim be "tied to a particular machine or bring about a particular transformation of a particular article"

  6. In re Comiskey

    554 F.3d 967 (Fed. Cir. 2009)   Cited 81 times   5 Legal Analyses
    Holding that lack of statutory subject matter, a legal question, is a permissible alternative ground for affirmance of the Board

  7. Fort Properties, Inc. v. American Master Lease LLC

    671 F.3d 1317 (Fed. Cir. 2012)   Cited 37 times   2 Legal Analyses
    Holding that a claim limitation that required a computer to generate deedshares was abstract

  8. In re Abele

    684 F.2d 902 (C.C.P.A. 1982)   Cited 40 times   4 Legal Analyses
    Holding that electronic transformation of data into a visual depiction of body tissues satisfied the transformation test for patent eligibility

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,937 times   944 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,400 times   2189 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  11. 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

  12. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  13. 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)