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THE BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA

14671322 - (D) (P.T.A.B. Feb. 20, 2020)
THE BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA

12 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,434 times   521 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 817 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  3. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 461 times   148 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  4. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 414 times   86 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  5. Ariosa Diagnostics, Inc. v. Sequenom, Inc.

    788 F.3d 1371 (Fed. Cir. 2015)   Cited 131 times   67 Legal Analyses
    Holding ineligible the claimed process for using PCR to amplify cff-DNA in a sample before detecting it

  6. In re Roslin Institute (Edinburgh)

    750 F.3d 1333 (Fed. Cir. 2014)   Cited 39 times   10 Legal Analyses
    Stating that patent eligibility under Section 101 is a question of law

  7. 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"

  8. Roche Molecular Sys., Inc. v. Cepheid

    905 F.3d 1363 (Fed. Cir. 2018)   Cited 11 times   10 Legal Analyses
    In Roche Molecular, we held that the method claims at issue, which involved PCR amplification of DNA, did not contain an inventive concept even though the inventors were the first to use PCR to detect the claimed natural phenomenon.

  9. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,515 times   2286 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  10. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 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 1.42 - 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