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Ex Parte WANG et al

13411733 - (D) (P.T.A.B. Apr. 25, 2019)
Ex Parte WANG et al

13 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,568 times   187 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. In re Mouttet

    686 F.3d 1322 (Fed. Cir. 2012)   Cited 90 times   4 Legal Analyses
    Finding "the Board's determination that eliminating the optical components of Falk would not destroy its principle of operation to be supported by substantial evidence"

  3. In re O'Farrell

    853 F.2d 894 (Fed. Cir. 1988)   Cited 168 times   9 Legal Analyses
    Finding patent obvious where the prior art provided a "reasonable expectation of success"

  4. In re Antor Media Corp.

    689 F.3d 1282 (Fed. Cir. 2012)   Cited 32 times   5 Legal Analyses

    No. 2011–1465. Reexamination Nos. 90/007,839 90/007,936 90/007,942 90/007,957 90/009,261. 2012-07-27 In re ANTOR MEDIA CORPORATION. Thomas A. Lewry, Brooks Kushman, P.C., of Southfield, Michigan, argued for appellant. With him on the brief was Thomas W. Cunningham. William Lamarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia. With him on the brief were Raymond T. Chen, Solicitor, and Robert J. McManus, Associate Solicitor. LOURIE

  5. In re Woodruff

    919 F.2d 1575 (Fed. Cir. 1990)   Cited 58 times   3 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)

  6. 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

  7. Application of Arkley

    455 F.2d 586 (C.C.P.A. 1972)   Cited 44 times   1 Legal Analyses
    Noting that an anticipating reference "must clearly and unequivocally disclose the claimed compound or direct those skilled in the art to the compound without any need for picking, choosing, and combining various disclosures not directly related to each other by the teachings of the cited reference"

  8. Application of Antonie

    559 F.2d 618 (C.C.P.A. 1977)   Cited 24 times   2 Legal Analyses

    Patent Appeal No. 76-681. Decided August 18, 1977. Arthur H. Seidel, Thomas W. Ehrmann, Milwaukee, Wis. (Quarles Brady, Milwaukee, Wis.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, R.D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Judge, United States Customs Court. BALDWIN, Judge. This is an appeal

  9. 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. 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"

  12. 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

  13. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well