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Ex Parte Weber et al

13216371 (P.T.A.B. Oct. 31, 2016)
Ex Parte Weber et al

9 Cited authorities

  1. Atofina v. Great Lakes Chemical Corp.

    441 F.3d 991 (Fed. Cir. 2006)   Cited 86 times   8 Legal Analyses
    Finding 0.001 to 1.0 percent range did not disclose a D.I to 5.0 percent range

  2. Clearvalue, Inc. v. Pearl River Polymers, Inc.

    668 F.3d 1340 (Fed. Cir. 2012)   Cited 54 times   2 Legal Analyses
    Holding that while the disclosure of a broad genus does not disclose every species within that genus, where there is "no allegation of criticality or any evidence demonstrating any difference across the range" the disclosure of the range in the prior art discloses the value within the range

  3. Ineos USA LLC v. Berry Plastics Corp.

    783 F.3d 865 (Fed. Cir. 2015)   Cited 16 times   3 Legal Analyses
    Affirming summary judgment of anticipation of patent claims for composition with "0.05 to 0.5% by weight of at least one saturated fatty acid amide" lubricant in view of a prior art reference disclosing the same class of lubricant in an overlapping range of "0.1 to 5 parts by weight," and the parties agreed that a measurement in "% by weight" was equivalent to one in "parts by weight"

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  5. 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."

  6. 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"

  7. 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"

  8. 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

  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)