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Ex parte WEST

18 Cited authorities

  1. Wied v. Valhi, Inc.

    465 U.S. 1026 (1984)   Cited 260 times
    Stating that "[t]o demand a slavish adherence to the procedural sequence and to require these defendants, in this case, to articulate the words of renewal once the motion had been taken under advisement, would be 'to succumb to a nominalism and a rigid trial scenario as equally at variance as ambush with the spirit of the rules.'"

  2. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 397 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  3. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 327 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  4. Kalman v. Kimberly-Clark Corp.

    713 F.2d 760 (Fed. Cir. 1983)   Cited 111 times
    In Kalman, this court determined that the district court's fact finding of identity of invention (reached after a four day bench trial) was not clearly erroneous, and that "the stipulation by the parties, coupled with [Kimberly Clark's] failure to counter Kalman's affidavits and evidence submitted in his motion for summary judgment" dictated a finding of infringement.

  5. Hazani v. U.S. Intern. Trade Comm

    126 F.3d 1473 (Fed. Cir. 1997)   Cited 61 times
    Holding that claim is not product-by-process claim if it "describes the product more by its structure than by the process used to obtain it"

  6. In re Gosteli

    872 F.2d 1008 (Fed. Cir. 1989)   Cited 78 times   2 Legal Analyses
    Holding that “[t]he CCPA's later decisions control because that court always sat en banc”

  7. Eiselstein v. Frank

    52 F.3d 1035 (Fed. Cir. 1995)   Cited 52 times   2 Legal Analyses
    Holding a specification's description of 45 to 55 percent insufficient written description support for a claimed range of 50 to 60 percent

  8. Application of Wertheim

    541 F.2d 257 (C.C.P.A. 1976)   Cited 81 times   7 Legal Analyses
    Holding that "[i]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others"

  9. RCA Corp. v. Applied Digital Data Systems, Inc.

    730 F.2d 1440 (Fed. Cir. 1984)   Cited 59 times
    Holding that dependent claim "cannot be anticipated" where the independent claim "is not anticipated"

  10. In re Gordon

    733 F.2d 900 (Fed. Cir. 1984)   Cited 31 times   2 Legal Analyses
    Finding that a modification which renders the invention inoperable for its intended purpose is not obvious because it teaches away from the invention

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,412 times   1063 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 6,165 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   1026 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 458 times   91 Legal Analyses
    Imposing no such requirement

  15. 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

  16. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   18 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority

  17. 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)

  18. 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