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Rogel et al. V. Schabron et al.

13490316 (P.T.A.B. Dec. 11, 2018)
Rogel et al. V. Schabron et al.

13 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 614 times   78 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. Regents of the Univ. of Cal. v. Lilly & Co.

    119 F.3d 1559 (Fed. Cir. 1997)   Cited 333 times   17 Legal Analyses
    Holding that written description requires more than a "mere wish or plan for obtaining the claimed chemical invention"

  3. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 343 times   43 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  4. Agilent Tech. v. Affymetrix

    567 F.3d 1366 (Fed. Cir. 2009)   Cited 50 times   5 Legal Analyses
    Reversing the district court's holding that an applicant's written description was adequate because the court erred in its claim construction

  5. Biogen Ma, Inc. v. Japanese Found. for Cancer Research

    785 F.3d 648 (Fed. Cir. 2015)   Cited 16 times   5 Legal Analyses
    Holding that this court has exclusive appellate jurisdiction over Board decisions

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,399 times   1051 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

  7. Section 1 - Establishment

    35 U.S.C. § 1   Cited 518 times   15 Legal Analyses
    Noting that Congress did not intend to change these "narrowing interpretations"

  8. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   51 Legal Analyses
    Governing interferences

  9. Section 4 - Restrictions on officers and employees as to interest in patents

    35 U.S.C. § 4   Cited 13 times

    Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. 35 U.S.C. § 4 July

  10. Section 41.207 - Presumptions

    37 C.F.R. § 41.207   Cited 13 times   19 Legal Analyses

    (a)Priority - (1)Order of invention. Parties are presumed to have invented interfering subject matter in the order of the dates of their accorded benefit for each count. If two parties are accorded the benefit of the same earliest date of constructive reduction to practice, then neither party is entitled to a presumption of priority with respect to the other such party. (2)Evidentiary standard. Priority may be proved by a preponderance of the evidence except a party must prove priority by clear and

  11. Section 41.202 - Suggesting an interference

    37 C.F.R. § 41.202   Cited 12 times   11 Legal Analyses

    (a)Applicant. An applicant, including a reissue applicant, may suggest an interference with another application or a patent. The suggestion must: (1) Provide sufficient information to identify the application or patent with which the applicant seeks an interference, (2) Identify all claims the applicant believes interfere, propose one or more counts, and show how the claims correspond to one or more counts, (3) For each count, provide a claim chart comparing at least one claim of each party corresponding

  12. Section 41.125 - Decision on motions

    37 C.F.R. § 41.125   Cited 8 times   25 Legal Analyses
    Allowing the Board to take up motions for decision in any order

  13. Section 90.1 - Scope

    37 C.F.R. § 90.1   Cited 2 times

    The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311 , and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012. 37 C.F.R. §90.1