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Xie, Ming et al.

13687117 - (D) (P.T.A.B. Oct. 22, 2019)
Xie, Ming et al.

6 Cited authorities

  1. TF3 Ltd. v. Tre Milano, LLC

    894 F.3d 1366 (Fed. Cir. 2018)   Cited 8 times   2 Legal Analyses

    2016-2285 07-13-2018 TF3 LIMITED, Appellant v. TRE MILANO, LLC, Appellee Bradford J. Badke, Sidley Austin LLP, New York, NY, argued for appellant. Also represented by Ching-Lee Fukuda ; Thomas Anthony Broughan, III, Anna Mayergoyz Weinberg, Washington, DC. Jeffrey Glenn Sheldon, Cislo & Thomas LLP, Los Angeles, CA, argued for appellee. Also represented by Laura Lloyd ; Douglas Hunt Morseburg, Leech Tishman Fuscaldo & Lampl, LLC, Pasadena, CA; Thomas J. Peistrup, Tre Milano, LLC, Culver City, CA.

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

    35 U.S.C. § 103   Cited 6,066 times   464 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."

  3. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   964 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  4. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 183 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"

  5. 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

  6. 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