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Randy A. Bickel et al.

13998673 - (D) (P.T.A.B. Oct. 2, 2019)
Randy A. Bickel et al.

15 Cited authorities

  1. In re GPAC Inc.

    57 F.3d 1573 (Fed. Cir. 1995)   Cited 165 times   2 Legal Analyses
    In GPAC, for example, we found that a reference disclosing an equilibrium air door was reasonably pertinent to a patent directed to asbestos removal because they both addressed the same problem of "maintaining a pressurized environment while allowing for human ingress and egress."

  2. Custom Accessories v. Jeffrey-Allan Indus

    807 F.2d 955 (Fed. Cir. 1986)   Cited 176 times   1 Legal Analyses
    Holding that upon reissue, the burden of proving invalidity is "made heavier"

  3. Litton Indus. Products, Inc. v. Solid St. Sys

    755 F.2d 158 (Fed. Cir. 1985)   Cited 71 times   1 Legal Analyses
    Noting that when there is no decision by the highest state court on a specific state law issue, the Federal Circuit must decide whether the district court properly predicted applicable state law

  4. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  5. In re Berger

    279 F.3d 975 (Fed. Cir. 2002)   Cited 15 times   1 Legal Analyses
    Declining to consider the merits of indefiniteness rejections not contested before the Board

  6. Chester v. Miller

    906 F.2d 1574 (Fed. Cir. 1990)   Cited 19 times   2 Legal Analyses

    No. 90-1039. June 29, 1990. Marina V. Schneller, Mobil Oil Corp., Fairfax, Va., argued, for appellants. With her on the brief, was Alexander J. McKillop. Thomas G. De Jonghe, Chevron Corp., San Francisco, Cal., argued, for appellees. Appeal from the United States Patent and Trademark Office. Before MICHEL, Circuit Judge, BALDWIN, Senior Circuit Judge, and WILL, Senior District Judge. The Honorable Hubert L. Will, Senior District Judge, United States District Court for the Northern District of Illinois

  7. Application of Mindick

    371 F.2d 892 (C.C.P.A. 1967)   Cited 3 times

    Patent Appeal No. 7731. February 9, 1967. Herbert B. Keil, Richard L. Johnston, Chicago, Ill., for appellants. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern district of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the rejection of claims 13 and 14 of application

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

    35 U.S.C. § 103   Cited 6,065 times   462 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."

  9. Section 132 - Notice of rejection; reexamination

    35 U.S.C. § 132   Cited 308 times   47 Legal Analyses
    Prohibiting addition of "new matter"

  10. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 183 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"

  11. 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

  12. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   16 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority

  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 15 times   28 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)

  14. Section 41.31 - Appeal to Board

    37 C.F.R. § 41.31   Cited 6 times   24 Legal Analyses

    (a)Who may appeal and how to file an appeal. An appeal is taken to the Board by filing a notice of appeal. (1) Every applicant, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in § 41.20(b)(1) within the time period provided under § 1.134 of this title for reply. (2) Every owner of a patent under ex parte reexamination filed under § 1.510 of this title before November 29, 1999, any

  15. 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