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Ex Parte Weitzel et al

10596266 (P.T.A.B. Feb. 26, 2013)
Ex Parte Weitzel et al

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   169 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 Antor Media Corp.

    689 F.3d 1282 (Fed. Cir. 2012)   Cited 32 times   4 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

  3. McClain v. Ortmayer

    141 U.S. 419 (1891)   Cited 275 times   3 Legal Analyses
    In McClain v. Ortmayer, 141 U.S. 419, 12 S. Ct. 76, 79, 35 L. Ed. 800, the Supreme Court said, as to the claim that a patented article having gone into general use was evidence of utility: "It is not conclusive even of that, much less of its patentable novelty."

  4. In re Harris

    409 F.3d 1339 (Fed. Cir. 2005)   Cited 14 times
    Holding that unexpected results require a difference in kind, not merely degree (citing In re Huang, 100 F.3d 135, 139 (Fed. Cir. 1996))

  5. Application of Eynde

    480 F.2d 1364 (C.C.P.A. 1973)   Cited 11 times   1 Legal Analyses

    Patent Appeal No. 8934. July 19, 1973. Alfred W. Breiner, Arlington, Va., attorney of record, for appellants. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Raymond E. Martin, Robert D. Edmonds, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals, Serial No. 471,437. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration

  6. Application of Ahlert

    424 F.2d 1088 (C.C.P.A. 1970)   Cited 8 times   1 Legal Analyses
    Requiring that applicants be given “the opportunity to challenge the correctness of the assertion or the notoriety or repute of the cited reference”

  7. Application of Heyna

    360 F.2d 222 (C.C.P.A. 1966)   Cited 2 times

    Patent Appeal No. 7650. May 19, 1966. Rehearing Denied July 28, 1966. Henry W. Koster, New York City, for appellants. Joseph Schimmel, Washington, D.C. (Raymond E. Martin, Washington, D.C., of counsel), for the Commissioner of Patents. Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief Judge WORLEY, pursuant to provisions

  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 371 - National stage: Commencement

    35 U.S.C. § 371   Cited 51 times   81 Legal Analyses
    Referring to the "requirements" in specific "subsection"

  10. Section 1.75 - Claim(s)

    37 C.F.R. § 1.75   Cited 111 times   11 Legal Analyses
    Setting forth proper drafts for independent and dependent claims

  11. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  12. 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