Paul Morgavi

17 Cited authorities

  1. In re Bennett

    766 F.2d 524 (Fed. Cir. 1985)   Cited 10 times

    Appeal No. 84-778. June 28, 1985. Paul M. Craig, Jr., Craig Burns, Washington, D.C., argued for appellant. With him on brief was Frederick F. Calvetti. Henry W. Tarring, III, Associate Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee. With him on brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Washington, D.C. Appeal from the United States Patent Trademark Office Board of Appeals. Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, Circuit Judges, SKELTON, Senior

  2. In re Bauman

    683 F.2d 405 (C.C.P.A. 1982)   Cited 2 times

    Appeal No. 82-520. July 22, 1982. Laurence H. Pretty, Los Angeles, Cal., and J.F. McLellan, Long Beach, Cal., for appellant. Joseph F. Nakamura, Sol., and John W. Dewhirst, Associate Sol., Washington, D.C., for Patent and Trademark Office. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER, and NIES, Judges. MILLER, Judge. This is an appeal from the decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming

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

    35 U.S.C. § 103   Cited 6,172 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."
  4. 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"
  5. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 604 times   117 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application
  6. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 467 times   73 Legal Analyses
    Describing the reissue of defective patents
  7. Section 252 - Effect of reissue

    35 U.S.C. § 252   Cited 292 times   22 Legal Analyses
    Stating that a reissued patent shall have the same effect as the original patent “in so far as the claims of the original and reissued patents are substantially identical ”
  8. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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 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

  10. Section 115 - Inventor's oath or declaration

    35 U.S.C. § 115   Cited 98 times   49 Legal Analyses
    Requiring that an applicant for a patent "shall make oath that he believes himself to be the original and first inventor"
  11. Section 1.175 - Inventor's oath or declaration for a reissue application

    37 C.F.R. § 1.175   Cited 83 times   2 Legal Analyses
    Describing the reissue oath or declaration requirement
  12. Section 1.47 - Reserved

    37 C.F.R. § 1.47   Cited 19 times   4 Legal Analyses

    37 C.F.R. §1.47

  13. Section 1.171 - Application for reissue

    37 C.F.R. § 1.171   Cited 14 times

    An application for reissue must contain the same parts required for an application for an original patent, complying with all the rules relating thereto except as otherwise provided, and in addition, must comply with the requirements of the rules relating to reissue applications. 37 C.F.R. §1.171 62 FR 53196, Oct. 10, 1997 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations

  14. Section 3.73 - Establishing right of assignee to take action

    37 C.F.R. § 3.73   Cited 12 times   6 Legal Analyses

    (a) The original applicant is presumed to be the owner of an application for an original patent, and any patent that may issue therefrom, unless there is an assignment. The original applicant is presumed to be the owner of a trademark application or registration, unless there is an assignment. (b) In order to request or take action in a trademark matter, the assignee must establish its ownership of the trademark property of paragraph (a) of this section to the satisfaction of the Director. The establishment

  15. Section 1.76 - Application data sheet

    37 C.F.R. § 1.76   Cited 6 times   8 Legal Analyses

    (a)Application data sheet. An application data sheet is a sheet or sheets that may be submitted in a provisional application under 35 U.S.C. 111(b) , a nonprovisional application under 35 U.S.C. 111(a) , a nonprovisional international design application, or a national stage application under 35 U.S.C. 371 and must be submitted when required by § 1.55 or 1.78 to claim priority to or the benefit of a prior-filed application under 35 U.S.C. 119 , 120 , 121 , 365 , or 386 . An application data sheet

  16. Section 1.64 - Substitute statement in lieu of an oath or declaration

    37 C.F.R. § 1.64   Cited 2 times   5 Legal Analyses

    (a) An applicant under § 1.43 , 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63 , or cannot be found or reached after diligent effort. (b) A substitute statement under this section must: (1) Comply with the requirements of § 1.63(a) , identifying the inventor or joint inventor with respect to whom a substitute statement in lieu of an

  17. 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