van Deutekom V. Wilton et al.

22 Cited authorities

  1. Medichem, S.A. v. Rolabo, S.L

    437 F.3d 1157 (Fed. Cir. 2006)   Cited 171 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"
  2. Falko-Gunter Falkner v. Inglis

    448 F.3d 1357 (Fed. Cir. 2006)   Cited 87 times   16 Legal Analyses
    Holding that where “accessible literature sources clearly provided” a description of the teachings at issue, the written description requirement does not require their incorporation by reference
  3. Hyatt v. Boone

    146 F.3d 1348 (Fed. Cir. 1998)   Cited 69 times   3 Legal Analyses
    Holding that Board was required to decide priority issue even though applicant had requested conversion of his application to a statutory invention registration during interference
  4. Minnesota Min. and Mfg. Co. v. Norton Co.

    929 F.2d 670 (Fed. Cir. 1991)   Cited 63 times
    Reversing district court decision dismissing action for declaratory judgment, where dismissal was granted on discretionary grounds in light of pending interference proceedings and declaratory judgment action involved matters of importance in development of patent law
  5. Barton v. Adang

    162 F.3d 1140 (Fed. Cir. 1998)   Cited 5 times

    No. 97-1491 DECIDED: December 9, 1998 Appealed from Patent and Trademark Office Board of Patent Appeals and Interferences. Michael F. Borun, Marshall, O'Toole, Gerstein, Murray Borun, of Chicago, Illinois, argued for appellants. With him on the brief was Li-Hsien Rin-Laures. Of counsel on the brief were Lawrence M. Lavin, Jr., Monsanto Company, of Saint Louis, Missouri; and Charles L. Gholz and Alton D. Rollins, Oblon, Spivak, McClelland, Maier Neustadt, of Arlington, Virginia. Brett S. Sylvester

  6. Hunt v. Treppschuh

    523 F.2d 1386 (C.C.P.A. 1975)   Cited 11 times   5 Legal Analyses
    Holding that, where a "parent application is relied upon as a prior constructive reduction to practice . . . the § 112, first paragraph requirements need only be met for an embodiment within the count"
  7. Kistler v. Weber

    412 F.2d 280 (C.C.P.A. 1969)   Cited 9 times

    Patent Appeal No. 8169. June 26, 1969. Rehearing Denied September 18, 1969. Stowell Stowell, Washington, D.C., attorneys of record, for appellant. Harold T. Stowell, Albert Tockman, A. Donald Messenheimer, Washington, D.C., of counsel. Chisholm Spencer, Pittsburgh, Pa., for appellee. Oscar L. Spencer, William S. Britt, Pittsburgh, Pa., Conrad Christel, Buffalo, N.Y., George R. Jones, Arlington, Va., of counsel. Before RICH, Acting Chief Judge, HOLTZOFF and McLAUGHLIN, Judges, sitting by designation

  8. Gould v. Hellwarth

    472 F.2d 1383 (C.C.P.A. 1973)   Cited 4 times

    Patent Appeal No. 8791. February 15, 1973. Robert R. Keegan, Darby Darby, New York City, Frances D. Thomas, Jr., Washington, D.C., attorneys of record, for appellant. W.H. MacAllister, Paul M. Coble, Los Angeles, Cal., for appellee. Appeal from the Board of Interference Examiners United States Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. LANE, Judge. This appeal is from the decision of the Board of Patent Interferences awarding Hellwarth, the junior party

  9. Renz v. Jacob

    326 F.2d 792 (C.C.P.A. 1964)   Cited 1 times   1 Legal Analyses

    Patent Appeal No. 7074. January 23, 1964. James W. Dent, Washington, D.C., and Albert L. Jacobs, New York City, for appellants. Ellsworth H. Mosher, Washington, D.C. (Stevens, Davis, Miller Mosher, Washington, D.C., of counsel), for appellees. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. MARTIN, Judge. This appeal is from the decision of the Board of Patent Interferences which awarded priority of invention to senior party Jacob et al. in Interference No. 89,320. That interference

  10. Ewing v. Fowler Car Co.

    244 U.S. 1 (1917)   Cited 7 times
    In Ewing v. Fowler Car Co., 244 U.S. 1, 37 S. Ct. 494, 61 L. Ed. 955, the facts were identical, except that in that case the applicant complied with the request of the Commissioner and filed a statement, from which it appeared that his date of conception was subsequent to the filing date of the senior party.
  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,278 times   1024 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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   949 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  13. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 286 times   43 Legal Analyses
    Governing interferences
  14. Section 321 - Post-grant review

    35 U.S.C. § 321   Cited 37 times   37 Legal Analyses
    Allowing a party to petition for PGR "to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph or of section 282(b) (relating to invalidity of the patent or any claim")
  15. Section 6-C:1 - Definitions

    N.H. Rev. Stat. § 6-C:1   Cited 1 times

    In this chapter, "net tax supported debt" of the state means the principal amount of any bonds, notes (excluding revenue anticipation or other temporary notes payable no later than one year from their dates), loans, leases in excess of 5 years or other evidence of indebtedness, excluding refinanced debt, which has been authorized but not yet repaid or otherwise cancelled, for whatever period or purpose incurred, for which debt service payments are either: I. Made directly by the state from taxes

  16. Section 5-C:6 - Seal of Registrar

    N.H. Rev. Stat. § 5-C:6   Cited 1 times

    The registrar shall have an official seal which shall be like the seal of the state except that the device thereon shall be surrounded by the words "New Hampshire Department of State, Registrar of Vital Records" in the place of the words "Seal of the State of New Hampshire, 1776." RSA 5-C:6 2005, 268:1, eff. Jan. 1, 2006.

  17. 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

  18. 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

  19. 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

  20. Section 41.207 - Presumptions

    37 C.F.R. § 41.207   Cited 12 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

  21. 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

  22. 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