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Ex Parte Wilson et al

09391294 (B.P.A.I. Aug. 1, 2006)
Ex Parte Wilson et al

11 Cited authorities

  1. Bell Communications v. Vitalink Communications

    55 F.3d 615 (Fed. Cir. 1995)   Cited 417 times   2 Legal Analyses
    Holding that part-time infringement is nonetheless infringement

  2. Loctite Corp. v. Ultraseal Ltd.

    781 F.2d 861 (Fed. Cir. 1985)   Cited 275 times   2 Legal Analyses
    Holding that although term was not limited by the specification, it was "expressly defined" in a narrow manner in the prosecution history

  3. Boehringer Ingelheim v. Schering-Plough

    320 F.3d 1339 (Fed. Cir. 2003)   Cited 139 times   2 Legal Analyses
    Holding the court "must draw all reasonable inferences in favor of the nonmoving party . . . disregard all evidence favorable to the moving party that the jury was not required to believe"

  4. Applied Materials v. Advanced Semiconductor

    98 F.3d 1563 (Fed. Cir. 1996)   Cited 163 times   1 Legal Analyses
    Holding that disputed claim limitation, read in light of the written description, requires a function not performed by the accused device

  5. DeGeorge v. Bernier

    768 F.2d 1318 (Fed. Cir. 1985)   Cited 69 times
    Holding that "resort to the specification is necessary only when there are ambiguities inherent in the claim language or obvious from arguments of counsel"

  6. Kropa v. Robie

    187 F.2d 150 (C.C.P.A. 1951)   Cited 112 times   1 Legal Analyses
    Holding that preamble term "abrasive article" was "essential to point out the invention defined by the counts"

  7. In re Stencel

    828 F.2d 751 (Fed. Cir. 1987)   Cited 33 times
    Noting that "such [non-limiting] statements often, although not necessarily, appear in the claim's preamble"

  8. Burlington Indus., Inc. v. Quigg

    822 F.2d 1581 (Fed. Cir. 1987)   Cited 21 times
    Reviewing a section 145 decision and holding that district court correctly concluded that applicant had successfully rebutted Commissioner's prima facie case of obviousness

  9. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  10. 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

  11. 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)