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Ex Parte Weir

11 Cited authorities

  1. Uniroyal, Inc. v. Rudkin-Wiley Corp.

    488 U.S. 825 (1988)   Cited 212 times
    Holding that "one who republishes a defamatory statement `adopts' it as his own, and is liable in equal measure to the original defamer."

  2. Valmont Industries, Inc. v. Reinke Mfg. Co.

    983 F.2d 1039 (Fed. Cir. 1993)   Cited 183 times
    Holding that section 112, ¶ 6, permits the use of means-plus-function language in claims, but with the proviso that the claims are limited to the structure, material, or acts disclosed in the specification and their equivalents

  3. Uniroyal, Inc. v. Rudkin-Wiley Corp.

    837 F.2d 1044 (Fed. Cir. 1988)   Cited 163 times
    Holding that the burden of proof is not reduced when prior art presented to the court was not considered by the PTO

  4. In re Clay

    966 F.2d 656 (Fed. Cir. 1992)   Cited 88 times   10 Legal Analyses
    Concluding that a reference was not reasonably pertinent where a PHOSITA "would not reasonably have expected to solve the [relevant] problem ... by considering" that reference

  5. Application of Wood

    599 F.2d 1032 (C.C.P.A. 1979)   Cited 56 times   2 Legal Analyses
    Finding that reference in the patent's specification to a field of art encompassing the alleged prior art supported a finding that the alleged prior art was within the inventor's field of endeavor.

  6. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  7. In re Fracalossi

    681 F.2d 792 (C.C.P.A. 1982)   Cited 21 times
    Addressing whether specific anticipation rejection was sufficient evidentiary support for obviousness rejection

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

    35 U.S.C. § 103   Cited 6,174 times   493 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 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 460 times   91 Legal Analyses
    Imposing no such requirement

  10. 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)

  11. Section 1.197 - Termination of proceedings

    37 C.F.R. § 1.197   Cited 6 times

    (a) Proceedings on an application are considered terminated by the dismissal of an appeal or the failure to timely file an appeal to the court or a civil action except: (1) Where claims stand allowed in an application; or (2) Where the nature of the decision requires further action by the examiner. (b) The date of termination of proceedings on an application is the date on which the appeal is dismissed or the date on which the time for appeal to the U.S. Court of Appeals for the Federal Circuit or