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United Technologies Corporation

2019005684 (P.T.A.B. Aug. 4, 2020)
United Technologies Corporation

18 Cited authorities

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

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 615 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. Alcon Research Ltd. v. Barr Labs., Inc.

    745 F.3d 1180 (Fed. Cir. 2014)   Cited 126 times   9 Legal Analyses
    Reversing finding of no enablement where defendant "failed to make the threshold showing that... experimentation is necessary to practice the claimed methods"

  3. Purdue Pharma L.P. v. Faulding Inc.

    230 F.3d 1320 (Fed. Cir. 2000)   Cited 79 times   6 Legal Analyses
    Holding that the disclosure does not have to provide in kaec verba support in order to satisfy the written description requirement

  4. Application of Wertheim

    541 F.2d 257 (C.C.P.A. 1976)   Cited 81 times   7 Legal Analyses
    Holding that "[i]t is immaterial in ex parte prosecution whether the same or similar claims have been allowed to others"

  5. In re Ochiai

    71 F.3d 1565 (Fed. Cir. 1995)   Cited 8 times   2 Legal Analyses

    No. 92-1446. December 11, 1995. Harold C. Wegner, Foley Lardner, of Washington, D.C., argued for appellant. With him on the brief were Herbert I. Cantor and Douglas P. Mueller. Of counsel was Don J. Pelto. Fred E. McKelvey, Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. Nancy J. Linck, Solicitor, of Arlington, Virginia, Lee E. Barrett, Associate Solicitor, John W. Dewhirst, Associate Solicitor, Albin F. Drost, Deputy Solicitor and Richard E. Schafer, Associate Solicitor

  6. Application of Herschler

    591 F.2d 693 (C.C.P.A. 1979)   Cited 18 times
    Finding disclosure of a single steroid sufficient to describe the subgenus of steroids when the great-grandparent application disclosed a broader array of example materials of the larger genus and steroids were chemically similar

  7. Application of Edwards

    568 F.2d 1349 (C.C.P.A. 1978)   Cited 17 times

    Appeal No. 77-532. January 12, 1978. As Amended January 18, 1978. James L. Bailey, Houston, Tex., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. LANE, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the final

  8. In re Anderson

    471 F.2d 1237 (C.C.P.A. 1973)   Cited 19 times

    Patent Appeal No. 8837. January 26, 1973. S. Augustus Demma, New York City, attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Raymond E. Martin, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. RICH, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the rejection of claims 1-10, all claims of application serial No. 642,294, filed May

  9. In re Mraz

    455 F.2d 1069 (C.C.P.A. 1972)   Cited 18 times
    Explaining that features that patent drawings "show clearly" can be sufficient to establish anticipation, especially when they are the focus of the figure and shown "with great particularity," but distinguishing a case where the patent drawing at issue was "obviously never intended to show the dimensions of anything"

  10. In re Einstein

    18 C.C.P.A. 885 (C.C.P.A. 1931)   Cited 12 times

    Patent Appeal No. 2573. February 3, 1931. Appeal from Board of Patent Appeals. Application for patent by Sol Einstein. From a decision rejecting certain claims, the applicant appeals. Affirmed. Elmer R. Helferich, of New York City (Nathan Bowman, Albert F. Nathan, and Border Bowman, all of New York City, of counsel), for appellant. T.A. Hostetler, of Washington, D.C. (Howard S. Miller, of Washington, D.C., of counsel), for Commissioner of Patents. Before GRAHAM, Presiding Judge, and BLAND, HATFIELD

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,409 times   1059 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

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

    35 U.S.C. § 103   Cited 6,159 times   489 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  15. 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

  16. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)

  18. 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