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VMWARE, INC.

12 Cited authorities

  1. Application of Kuhle

    526 F.2d 553 (C.C.P.A. 1975)   Cited 7 times   1 Legal Analyses

    Patent Appeal No. 75-602. December 4, 1975. Keith D. Beecher, Los Angeles, Cal., for appellant. Joseph E. Nakamura, Sol., R.V. Lupo, Assoc. Sol., Washington, D.C., for Commissioner of Patents. Appeal from the Board of Appeals of the Patent and Trademark Office. MILLER, Judge. This appeal is from the decision of the Board of Appeals of the Patent and Trademark Office affirming the examiner's rejection of claims 5 and 6 of application serial No. 314,180, filed Dec. 11, 1972, for "Portable Moisture

  2. Application of Thompson

    545 F.2d 1290 (C.C.P.A. 1976)   Cited 4 times

    Patent Appeal No. 76-615. December 23, 1976. David S. Stallard, Cincinnati, Ohio (Wood, Herron Evans, Cincinnati, Ohio), atty. 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 Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from a decision of the Patent and Trademark Office (PTO) Board of

  3. Application of Marzocchi

    456 F.2d 790 (C.C.P.A. 1972)

    Patent Appeal No. 8654. March 30, 1972. Keith V. Rockey, Herman I. Hersh, Chicago, Ill., and Carl G. Staelin, Toledo, Ohio, attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the patent office board of appeals. Before RICH, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation. ROSENSTEIN, Judge. This appeal is from the decision of

  4. Application of Keegan

    51 C.C.P.A. 1344 (C.C.P.A. 1964)   Cited 4 times

    Patent Appeal No. 7200. May 14, 1964. Rehearing Denied June 18, 1964. B.D. Watts, Watts Fisher, Cleveland, Ohio, J.P. Wetherill, Washington, D.C., for appellant. Clarence W. Moore, Washington, D.C. (J.F. Nakamura, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. ALMOND, Judge. Robert B. Keegan appeals from the decision of the Board of Appeals affirming the rejection of claims 13 to 15 of an application for patent on

  5. In re Porter

    68 F.2d 971 (C.C.P.A. 1934)   Cited 1 times

    Patent Appeal No. 3253. March 5, 1934. Appeal from the Board of Patent Appeals of the United States Patent Office, Serial No. 394928. Application for patent by John M. Porter. From a decision denying the application, applicant appeals. Affirmed. H.C. Bierman, of New York City (Ellis S. Middleton, of New York City, and William P. Spielman, of Washington, D.C., of counsel), for appellant. T.A. Hostetler, of Washington, D.C. (Howard S. Miller, of Washington, D.C., of counsel), for the Commissioner of

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

    35 U.S.C. § 103   Cited 6,141 times   481 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."

  7. 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"

  8. 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

  9. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   18 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority

  10. 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

  11. Section 1.145 - Subsequent presentation of claims for different invention

    37 C.F.R. § 1.145   Cited 3 times   1 Legal Analyses

    If, after an Office action on an application, the applicant presents claims directed to an invention distinct from and independent of the invention previously claimed, the applicant will be required to restrict the claims to the invention previously claimed if the amendment is entered, subject to reconsideration and review as provided in §§ 1.143 and 1.144 . 37 C.F.R. §1.145 74 FR 52691 , Oct. 14, 2009 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6

  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