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Heckenlively, Steven

14463907 - (D) (P.T.A.B. Mar. 18, 2020)
Heckenlively, Steven

28 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,819 times   167 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. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 971 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

  3. Interval Licensing LLC v. AOL, Inc.

    766 F.3d 1364 (Fed. Cir. 2014)   Cited 428 times   10 Legal Analyses
    Holding terms of degree are not inherently indefinite as long as claim language provides enough certainty to one of skill in art when read in context of invention

  4. Halliburton Energy v. M-I LLC

    514 F.3d 1244 (Fed. Cir. 2008)   Cited 451 times   7 Legal Analyses
    Holding that a claim is "indefinite if a [claim] term does not have proper antecedent basis"

  5. KCJ Corp. v. Kinetic Concepts, Inc.

    223 F.3d 1351 (Fed. Cir. 2000)   Cited 222 times   4 Legal Analyses
    Holding that the article "a" would only be limited to its singular meaning when the inventor evinced a clear intent to so limit it

  6. Life Techs. Corp. v. Promega Corp.

    137 S. Ct. 734 (2017)   Cited 31 times   11 Legal Analyses
    Concluding the term "substantial" was ambiguous because it "may refer either to qualitative importance or to quantitatively large size"

  7. Magsil Corp. v. Hitachi Global Storage Techs., Inc.

    687 F.3d 1377 (Fed. Cir. 2012)   Cited 92 times   9 Legal Analyses
    Holding that "a patentee chooses broad claim language at the peril of losing any claim that cannot be enabled across its full scope of coverage"

  8. Genentech, Inc. v. Chiron Corp.

    112 F.3d 495 (Fed. Cir. 1997)   Cited 136 times
    Holding that in construing the count, the court "must look at the language as a whole and consider the grammatical structure and syntax"

  9. Abbott Lab. v. Baxter Pharmaceutical

    334 F.3d 1274 (Fed. Cir. 2003)   Cited 94 times   6 Legal Analyses
    Holding that the customary usage of "effective amount" was an amount sufficient to achieve the claimed effect

  10. Schering Corp. v. Amgen Inc.

    222 F.3d 1347 (Fed. Cir. 2000)   Cited 73 times   2 Legal Analyses
    Holding that renaming or re-identifying items in the disclosure to comport with later-developed and more precise nomenclature is not new matter

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,350 times   1046 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 132 - Notice of rejection; reexamination

    35 U.S.C. § 132   Cited 309 times   47 Legal Analyses
    Prohibiting addition of "new matter"

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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"

  14. 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

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. Section 1.136 - 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 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and