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Ex Parte Van Horsen et al

11992554 (P.T.A.B. Mar. 18, 2016)
Ex Parte Van Horsen et al

12 Cited authorities

  1. In re Woodruff

    919 F.2d 1575 (Fed. Cir. 1990)   Cited 58 times   4 Legal Analyses
    Holding a claimed invention obvious because claimed range (“more than 5% to about 25%” carbon monoxide) abutted range of prior art (“about 1–5%” carbon monoxide)

  2. Merck Co., Inc. v. Biocraft Laboratories

    874 F.2d 804 (Fed. Cir. 1989)   Cited 47 times   2 Legal Analyses
    Holding that the prior art's disclosure of a multitude of combinations failed to render any particular formulation less obvious

  3. In re Inland Steel Co.

    265 F.3d 1354 (Fed. Cir. 2001)   Cited 15 times   1 Legal Analyses
    Finding commercial success inadequate to rebut invalidity where there was a strong prima facie case of obviousness

  4. In re Hedges

    783 F.2d 1038 (Fed. Cir. 1986)   Cited 16 times   1 Legal Analyses
    Proceeding against accepted wisdom is evidence of unobviousness

  5. Application of Nomiya

    509 F.2d 566 (C.C.P.A. 1975)   Cited 28 times   1 Legal Analyses

    Patent Appeal No. 74-514. February 6, 1975. Paul M. Craig, Jr., Washington, D.C., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; R. V. Lupo, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection under 35 U.S.C. § 103 of claims 1-8 and 33

  6. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  7. Application of Davis

    305 F.2d 501 (C.C.P.A. 1962)   Cited 3 times

    Patent Appeal No. 6825. July 18, 1962. Gillette Virgil, Cushman, Darby Cushman, Washington, D.C. (Theodore C. Virgil and Alvin Guttag, Washington, D.C., of counsel), for appellants. Clarence W. Moore, Washington, D.C. (Raymond E. Martin, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  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

  11. Section 10 - Publications

    35 U.S.C. § 10   Cited 1 times

    (a) The Director may publish in printed, typewritten, or electronic form, the following: 1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and

  12. 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)