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Richter, Bodo et al.

13994018 - (D) (P.T.A.B. Nov. 27, 2019)
Richter, Bodo et al.

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,519 times   168 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Johnston v. Ivac Corp.

    885 F.2d 1574 (Fed. Cir. 1989)   Cited 266 times
    Holding that Section 112 "operates to cut back on the types of means which could literally satisfy the claim language" and thereby "restricts the scope of the literal claim language" by requiring the structures to appear in the specification

  3. Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA, Inc.

    752 F.3d 967 (Fed. Cir. 2014)   Cited 53 times   4 Legal Analyses
    Finding no clear error in district court's fact finding that "entecavir's ‘effectiveness against hepatitis B without known toxicity issues’ was ‘not unexpected ,’ " and deferring to district court's finding that this was not sufficient evidence of nonobviousness

  4. Syntex (U.S.A.) LLC v. Apotex, Inc.

    407 F.3d 1371 (Fed. Cir. 2005)   Cited 65 times
    Holding district court erred in not considering a reference that post-dates the priority date when it is relevant to what "was known in the art at the relevant time"

  5. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   1 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  6. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 23 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

  7. Application of Klosak

    455 F.2d 1077 (C.C.P.A. 1972)   Cited 6 times

    Patent Appeal No. 8582. March 9, 1972. Charles W. B. Connors, Chicago, Ill. (Johnston, Root, O'Keeffe, Keil, Thompson Shurtleff, Chicago, Ill.), attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., son Shurtleff), Chicago, Ill., attorneys E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals

  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

  10. Section 7 - Library

    35 U.S.C. § 7   Cited 54 times   2 Legal Analyses
    Giving the Commissioner power to designate "at least three members of the Board of Appeals and Interferences" to review "adverse decisions of examiners upon applications for patents"

  11. 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)

  12. 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