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Ex Parte Young et al

12252676 (P.T.A.B. Feb. 28, 2013)
Ex Parte Young et al

9 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,714 times   164 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. ACTV, Inc. v. Walt Disney Co.

    346 F.3d 1082 (Fed. Cir. 2003)   Cited 213 times
    Rejecting construction of the term "Internet address" as meaning "a particular host on the Internet, specified by a uniformresource locator that is unique to that host" because the district court construed "uniform resource locator" to mean "the complete address of a site on the Internet specifying both a protocol type and a resource location"

  3. Brown v. 3M

    265 F.3d 1349 (Fed. Cir. 2001)   Cited 175 times   1 Legal Analyses
    Holding that the claims did "not require elaborate interpretation"

  4. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 87 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  5. Hockerson-Halberstadt v. Converse Inc.

    183 F.3d 1369 (Fed. Cir. 1999)   Cited 55 times
    Holding that "[w]hether amendments made during reexamination enlarge the scope of a claim is a matter of claim construction" which is "a matter of law"

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

    35 U.S.C. § 103   Cited 6,055 times   447 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."

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,937 times   944 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  9. 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