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Ex Parte Whitaker et al

10675929 (B.P.A.I. Jun. 18, 2010)
Ex Parte Whitaker et al

15 Cited authorities

  1. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  2. Litton Indus. Products, Inc. v. Solid St. Sys

    755 F.2d 158 (Fed. Cir. 1985)   Cited 71 times   1 Legal Analyses
    Noting that when there is no decision by the highest state court on a specific state law issue, the Federal Circuit must decide whether the district court properly predicted applicable state law

  3. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 27 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill

  4. 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."

  5. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,547 times   2303 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  6. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 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"

  7. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  8. Section 21 - Filing date and day for taking action

    35 U.S.C. § 21   Cited 17 times   21 Legal Analyses

    (a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director. (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office

  9. Section 8 - Classification of patents

    35 U.S.C. § 8   Cited 5 times

    The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed. 35 U.S.C. § 8 July 19, 1952, ch. 950, 66 Stat. 794, §9; renumbered §8 and amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat

  10. Section 103 - Publications for National Library for the Blind

    20 U.S.C. § 103   Cited 1 times

    Two copies of each of the publication printed by the American Printing House for the Blind shall be furnished free of charge to the National Library for the Blind located at 1729 H Street Northwest, Washington, District of Columbia. 20 U.S.C. § 103 Nov. 4, 1919, ch. 93, §1, 41 Stat. 332.

  11. Section 22 - Printing of papers filed

    35 U.S.C. § 22   Cited 1 times

    The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium. 35 U.S.C. § 22 July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4732(a)(10)(A), 4804(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582, 1501A-589; Pub. L. 107-273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906. HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946

  12. Section 103 - Designation of reports

    13 U.S.C. § 103

    All reports covering any of the statistics collected under the provisions of this subchapter shall be designated as "Special Reports" followed by the name of whatever bureau or agency of the Department of Commerce is designated by the Secretary to collect and compile such statistics. 13 U.S.C. § 103 Aug. 31, 1954, ch. 1158, 68 Stat. 1018. HISTORICAL AND REVISION NOTESBased on title 13, U.S.C., 1952 ed., §111 (Mar. 6, 1902, ch. 139, §7, 32 Stat. 52; June 7, 1906ch. 3048 34 Stat. 218; June 18, 1929

  13. 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)

  14. Section 41.41 - Reply brief

    37 C.F.R. § 41.41   Cited 9 times   25 Legal Analyses

    (a)Timing. Appellant may file only a single reply brief to an examiner's answer within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under § 1.181 of this title to designate a new ground of rejection in an examiner's answer. (b)Content. (1) A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other Evidence. See § 1.116 of this title for amendments, affidavits or other evidence

  15. Section 41.39 - Examiner's answer

    37 C.F.R. § 41.39   Cited 9 times   2 Legal Analyses

    (a)Content of examiner's answer. The primary examiner may, within such time as may be directed by the Director, furnish a written answer to the appeal brief. (1) An examiner's answer is deemed to incorporate all of the grounds of rejection set forth in the Office action from which the appeal is taken (as modified by any advisory action and pre-appeal brief conference decision), unless the examiner's answer expressly indicates that a ground of rejection has been withdrawn. (2) An examiner's answer