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Ex Parte Wentland

12506354 (P.T.A.B. Jun. 23, 2016)
Ex Parte Wentland

20 Cited authorities

  1. In re Fulton

    391 F.3d 1195 (Fed. Cir. 2004)   Cited 84 times   8 Legal Analyses
    Holding that "a particular combination" need not "be the preferred, or the most desirable, combination described in the prior art in order to provide motivation"

  2. In re Hall

    781 F.2d 897 (Fed. Cir. 1986)   Cited 96 times   4 Legal Analyses
    Holding "that competent evidence of the general library practice may be relied upon to establish an approximate time when a thesis became accessible"

  3. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  4. In re Dillon

    919 F.2d 688 (Fed. Cir. 1990)   Cited 69 times   6 Legal Analyses
    Finding a prima facie case of obviousness where the prior art tri-orthoester compound was found to be equivalent to the claimed tetra-orthoester compound and the use of the tri-orthoester as a fuel additive was expected to produce essentially the same result as the use of the tetra-orthoester

  5. In re Cronyn

    890 F.2d 1158 (Fed. Cir. 1989)   Cited 66 times   5 Legal Analyses
    Holding that a thesis presentation made to a handful of faculty and not catalogued or indexed in a "meaningful" way was not a printed publication

  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. Massachusetts Institute of Technology v. AB Fortia

    774 F.2d 1104 (Fed. Cir. 1985)   Cited 42 times   6 Legal Analyses
    Holding paper distributed at conference publicly accessible without considering indexing

  8. Application of Bayer

    568 F.2d 1357 (C.C.P.A. 1978)   Cited 44 times   2 Legal Analyses
    Holding that a thesis housed, but neither shelved nor catalogued, within a university library was not publicly accessible

  9. In re Katz

    687 F.2d 450 (C.C.P.A. 1982)   Cited 32 times   1 Legal Analyses
    Finding that patentee made a sufficient showing based on inventor's declaration that he was the sole inventor and explanation regarding the co-authors' contribution to the publication

  10. Application of Lamberti

    545 F.2d 747 (C.C.P.A. 1976)   Cited 16 times

    Patent Appeal No. 76-610. December 9, 1976. Kenneth F. Dusyn, atty. of record, for appellants; Melvin H. Kurtz and M. Ted Raptes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,413 times   1065 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

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

    35 U.S.C. § 103   Cited 6,169 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,025 times   1027 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. 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"

  15. Section 115 - Inventor's oath or declaration

    35 U.S.C. § 115   Cited 98 times   49 Legal Analyses
    Requiring that an applicant for a patent "shall make oath that he believes himself to be the original and first inventor"

  16. 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

  17. Section 112 - Persons present at delivery of goods and money

    25 U.S.C. § 112   Cited 18 times

    The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. 25 U.S.C. § 112 R.S. §2088. EDITORIAL NOTES CODIFICATIONR.S. §2088 derived from act June 30, 1834, ch. 162, §13, 4 Stat. 737. STATUTORY NOTES AND RELATED SUBSIDIARIES INDIAN AGENTSThe services of Indian agents have been dispensed with. See note set out under section 64 of this

  18. Section 1.63 - Inventor's oath or declaration

    37 C.F.R. § 1.63   Cited 27 times   7 Legal Analyses
    Instructing patent applicant must "[i]dentify each inventor"