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Silva V. Franson et al.

11054476 (P.T.A.B. May. 16, 2017)
Silva V. Franson et al.

19 Cited authorities

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

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 586 times   76 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. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 172 times   9 Legal Analyses
    Holding that non-inventor's notebook did not corroborate reduction to practice because the non-inventor "did not testify regarding the notebook or the genuineness of its contents" and the district court was therefore "clearly reliant on the inventor to help identify the author of specific entries made in [the non-inventor's] notebook"

  3. Singh v. Brake

    317 F.3d 1334 (Fed. Cir. 2003)   Cited 66 times
    Ruling that a laboratory notebook entry did not corroborate an alleged conception because "[e]ven if the entry expressed the problem, it did not provide the solution"

  4. Coleman v. Dines

    754 F.2d 353 (Fed. Cir. 1985)   Cited 95 times   5 Legal Analyses
    In Coleman v. Dines (1985) 754 F.2d 353 (Coleman), the appellant testified that he conceived the invention at issue in that case prior to the date of the respondent's patent, and he relied on a letter he sent to a colleague about his work as corroboration for his testimony.

  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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,942 times   958 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   48 Legal Analyses
    Governing interferences

  8. Section 41.203 - Declaration

    37 C.F.R. § 41.203   Cited 15 times   9 Legal Analyses

    (a)Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa. (b)Notice of declaration. An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies: (1) The interfering subject matter; (2) The involved applications, patents, and claims; (3) The accorded benefit

  9. Section 41.121 - Motions

    37 C.F.R. § 41.121   Cited 15 times   77 Legal Analyses

    (a)Types of motions - (1)Substantive motions. Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion: (i) To redefine the scope of the contested case, (ii) To change benefit accorded for the contested subject matter, or (iii) For judgment in the contested case. (2)Responsive motions. The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of

  10. Section 41.201 - Definitions

    37 C.F.R. § 41.201   Cited 15 times   15 Legal Analyses

    In addition to the definitions in §§ 41.2 and 41.100 , the following definitions apply to proceedings under this subpart: Accord benefit means Board recognition that a patent application provides a proper constructive reduction to practice under 35 U.S.C. 102(g)(1) . Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1) , in a patent application of the subject matter of a count. Earliest constructive reduction to practice means the first constructive

  11. 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

  12. 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

  13. Section 41.127 - Judgment

    37 C.F.R. § 41.127   Cited 9 times   15 Legal Analyses

    (a)Effect within Office - (1)Estoppel. A judgment disposes of all issues that were, or by motion could have properly been, raised and decided. A losing party who could have properly moved for relief on an issue, but did not so move, may not take action in the Office after the judgment that is inconsistent with that party's failure to move, except that a losing party shall not be estopped with respect to any contested subject matter for which that party was awarded a favorable judgment. (2)Final disposal

  14. 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

  15. Section 41.8 - Mandatory notices

    37 C.F.R. § 41.8   Cited 2 times   6 Legal Analyses

    (a) In an appeal brief (§§ 41.37 , 41.67 , or 41.68 ) or at the initiation of a contested case (§ 41.101 ), and within 20 days of any change during the proceeding, a party must identify: (1) Its real party-in-interest, and (2) Each judicial or administrative proceeding that could affect, or be affected by, the Board proceeding. (b) For contested cases, a party seeking judicial review of a Board proceeding must file a notice with the Board of the judicial review within 20 days of the filing of the

  16. Section 41.104 - Conduct of contested case

    37 C.F.R. § 41.104   Cited 1 times   5 Legal Analyses

    (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding. (b) An administrative patent judge may waive or suspend in a proceeding the application of any rule in this subpart, subject to such conditions as the administrative patent judge may impose. (c) Times set in this subpart are defaults. In the event of a conflict between a time set by rule and a time set by order

  17. Section 41.1 - Policy

    37 C.F.R. § 41.1   Cited 1 times   6 Legal Analyses

    (a)Scope. Part 41 governs appeals and interferences before the Patent Trial and Appeal Board. Sections 1.1 to 1.36 and 1.181 to 1.183 of this title also apply to practice before the Board, as do other sections of part 1 of this title that are incorporated by reference into part 41. (b)Construction. The provisions of Part 41 shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding before the Board. (c)Decorum. Each party must act with courtesy and decorum in all