§

Ex Parte Tischer

11861435 (P.T.A.B. Mar. 6, 2014)
Ex Parte Tischer

6 Cited authorities

  1. Griffin v. Bertina

    285 F.3d 1029 (Fed. Cir. 2002)   Cited 44 times
    Holding as limiting a method claim's preamble reciting “diagnosing an increased risk for thrombosis,” where claim covering nucleic-acid tests performed on a “test subject” was meaningless without understanding that “[d]iagnosis is ... the essence of invention”

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

    35 U.S.C. § 103   Cited 6,154 times   485 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."

  3. Section 1 - Establishment

    35 U.S.C. § 1   Cited 518 times   15 Legal Analyses
    Noting that Congress did not intend to change these "narrowing interpretations"

  4. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 187 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"

  5. 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

  6. Section 23 - Testimony in Patent and Trademark Office cases

    35 U.S.C. § 23   Cited 14 times   3 Legal Analyses
    Granting the Director of the PTO the authority to "establish rules for taking affidavits and depositions required in cases in the [PTO]"