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Paul Savage

10 Cited authorities

  1. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  2. In re Sullivan

    498 F.3d 1345 (Fed. Cir. 2007)   Cited 22 times   2 Legal Analyses
    Considering inventor testimony regarding unexpected properties and holding that Board erred by not considering inventor declaration

  3. In re Stepan Co.

    660 F.3d 1341 (Fed. Cir. 2011)   Cited 14 times

    No. 2010–1261.Reexamination Nos. 90/006,824 90/007,619. 2011-10-5 In re STEPAN COMPANY. Thomas J. Wimbiscus, McAndrews, Held & Malloy, Ltd. of Chicago, Illinois, argued for appellant. With him on the brief were George Wheeler, and Dennis H. Jaskoviak, Jr. Mary L. Kelly, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were, Raymond T. Chen, Solicitor, and Janet A. Gongola, Associate Solicitor. PROST Thomas J. Wimbiscus

  4. Application of Rinehart

    531 F.2d 1048 (C.C.P.A. 1976)   Cited 45 times
    Considering the problem to be solved in a determination of obviousness

  5. In re Grabiak

    769 F.2d 729 (Fed. Cir. 1985)   Cited 19 times

    Appeal No. 84-1718. Decided: August 9, 1985. J. Timothy Keane, Monsanto Company, of St. Louis, Mo., argued for appellants. Richard H. Shear, Monsanto Company, was on the brief. Fred W. Sherling, U.S. Patent Trademark Office, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., and Harris A. Pitlick, Associate Sol., Washington, D.C. Appeal from the Patent and Trademark Office Board of Appeals. Before FRIEDMAN, NIES, and NEWMAN

  6. Application of Wilder

    563 F.2d 457 (C.C.P.A. 1977)   Cited 17 times

    Patent Appeal No. 76-706. October 13, 1977. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant, Edward P. Grattan, St. Louis, Mo., Richard O. Zerbe, Akron, Ohio, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. BALDWIN, Judge. This appeal is from the April 30, 1976 decision of the Patent and Trademark Office (PTO) Board of Appeals (board)

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  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 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

  10. 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