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Ex Parte Van Den Hamer et al

10145677 (P.T.A.B. Feb. 5, 2014)
Ex Parte Van Den Hamer et al

10 Cited authorities

  1. Palmer v. Hoffman

    318 U.S. 109 (1943)   Cited 950 times   1 Legal Analyses
    Holding that an accident reports prepared by a railroad did not carry the indicia of reliability of a routine business record because it was prepared at least partially in anticipation of litigation

  2. Rambus Inc. v. Rea

    731 F.3d 1248 (Fed. Cir. 2013)   Cited 71 times   5 Legal Analyses
    Holding that the Board erred when it found objective evidence lacked a nexus where at least some of the evidence related to the "patented design as a whole"

  3. Gechter v. Davidson

    116 F.3d 1454 (Fed. Cir. 1997)   Cited 57 times   2 Legal Analyses
    Finding arbitrary the Board's finding of anticipation because of inadequate explanation on how the reference disclosed claim elements, vacating, and remanding

  4. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  5. Munoz v. Strahm Farms, Inc.

    69 F.3d 501 (Fed. Cir. 1995)   Cited 28 times
    Concluding that photographic slide frames containing dates were admissible under the business records exception, Fed.R.Evid. 803, to the hearsay rule

  6. In re Chapman

    595 F.3d 1330 (Fed. Cir. 2010)   Cited 12 times
    Remanding after correcting error in obviousness analysis

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  8. Section 132 - Notice of rejection; reexamination

    35 U.S.C. § 132   Cited 310 times   47 Legal Analyses
    Prohibiting addition of "new matter"

  9. Section 1.136 - [Effective until 1/19/2025] 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)

  10. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by