Ex parte Stearns et al.

10 Cited authorities

  1. Atlas Powder Co. v. E.I. du Pont De Nemours & Co.

    750 F.2d 1569 (Fed. Cir. 1984)   Cited 243 times   6 Legal Analyses
    Holding that, where "patent disclosure list[ed] numerous salts, fuels, and emulsifiers that could form thousands of" claimed combinations, some of which would be inoperable, "the claims [were] not necessarily invalid" for lack of enablement unless a POSA needed to "experiment unduly in order to practice the claimed invention"
  2. Miles Laboratories Inc. v. Shandon Inc.

    997 F.2d 870 (Fed. Cir. 1993)   Cited 183 times
    Noting that operability is relevant "to the enablement requirement of § 112"
  3. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"
  4. Application of Armbruster

    512 F.2d 676 (C.C.P.A. 1975)   Cited 18 times

    Patent Appeal No. 75-514. March 27, 1975. Keith V. Rockey, Chicago, Ill., Albert P. Halluin, attys. of record, for appellant. Frank E. Robbins, CPC International Inc., Englewood, Cliffs, New Jersey, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. MILLER, Judge. This appeal

  5. In re Anderson

    471 F.2d 1237 (C.C.P.A. 1973)   Cited 19 times

    Patent Appeal No. 8837. January 26, 1973. S. Augustus Demma, New York City, attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Raymond E. Martin, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. RICH, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the rejection of claims 1-10, all claims of application serial No. 642,294, filed May

  6. Application of Mayhew

    527 F.2d 1229 (C.C.P.A. 1976)   Cited 7 times
    Affirming examiner's rejection of claims not limited to having a cooling zone at the exit of a steel strip from a zinc bath because the specification indicated that without that cooling bath the invented process would not work
  7. Application of Miller

    441 F.2d 689 (C.C.P.A. 1971)   Cited 11 times

    Patent Appeal No. 8444. May 13, 1971. Jay P. Friedenson, Morristown, N.J., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Joseph F. Nakamura, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and FORD, Judge, United States Customs Court, sitting by designation. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1, 2, and 4-18 in appellant's

  8. Application of Goffe

    542 F.2d 564 (C.C.P.A. 1976)   Cited 5 times

    Patent Appeal No. 75-621. October 7, 1976. George J. Cannon, Xerox Corp., Patent Dept., Rochester, New York, atty. of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. MILLER, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals

  9. 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
  10. 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