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Ex Parte Tomlinson et al

14369026 - (D) (P.T.A.B. Jan. 8, 2019)
Ex Parte Tomlinson et al

10 Cited authorities

  1. AK Steel Corp. v. Sollac

    344 F.3d 1234 (Fed. Cir. 2003)   Cited 209 times   1 Legal Analyses
    Holding that "dependent claims are presumed to be of narrower scope than the independent claims from which they depend"

  2. PPG Industries v. Guardian Industries Corp.

    156 F.3d 1351 (Fed. Cir. 1998)   Cited 203 times   2 Legal Analyses
    Holding that, for a claim reciting glass "consisting essentially of" certain materials, the district court properly "left it to the jury to determine whether the amounts of [an unclaimed ingredient had] a material effect on the basic and novel characteristics of the glass"

  3. In re De Blauwe

    736 F.2d 699 (Fed. Cir. 1984)   Cited 49 times   1 Legal Analyses

    Appeal No. 84-513. June 8, 1984. Jeffrey G. Sheldon, Pasadena, Cal., argued for appellants. John F. Pitrelli, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., and John W. Dewhirst, Associate Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Board of Appeals. Before BENNETT, Circuit Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge. JACK R. MILLER, Circuit Judge. This appeal is from that part of the decision of the

  4. Application of Payne

    606 F.2d 303 (C.C.P.A. 1979)   Cited 28 times   2 Legal Analyses
    Discussing the presumption of obviousness based on close structural similarity

  5. In re de Lajarte

    337 F.2d 870 (C.C.P.A. 1964)   Cited 5 times

    Patent Appeal No. 7237. November 5, 1964. John L. Seymour, Bauer Seymour, New York City, for appellant. Clarence W. Moore, Washington, D.C., (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief Judge WORLEY, pursuant to provisions of Section

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

    35 U.S.C. § 103   Cited 6,130 times   479 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,996 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. 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"

  9. 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

  10. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)