§

Dalvey et al. V. Bamberg et al.

12193573 (P.T.A.B. Feb. 12, 2015)
Dalvey et al. V. Bamberg et al.

16 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,813 times   166 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. United States v. Adams

    383 U.S. 39 (1966)   Cited 479 times   5 Legal Analyses
    Finding that one of ordinary skill in the art would have to ignore long-accepted factors in the field of wet batters to arrive at the claimed invention

  3. Reiffin v. Microsoft Corp.

    214 F.3d 1342 (Fed. Cir. 2000)   Cited 73 times
    In Reiffin v. Microsoft Corp., 214 F.3d 1342, 1345-46 (Fed. Cir. 2000), the court explained the need "to ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor's contribution to the field of art as described in the patent specification."

  4. Bilstad v. Wakalopulos

    386 F.3d 1116 (Fed. Cir. 2004)   Cited 60 times   3 Legal Analyses
    Adopting the definition of "plurality" of the Board of Patent Appeals

  5. Agilent Tech. v. Affymetrix

    567 F.3d 1366 (Fed. Cir. 2009)   Cited 48 times   5 Legal Analyses
    Reversing the district court's holding that an applicant's written description was adequate because the court erred in its claim construction

  6. In re Alton

    76 F.3d 1168 (Fed. Cir. 1996)   Cited 49 times   1 Legal Analyses
    Holding that when the examiner alleges that the claimed embodiment is outside the scope of the specification, he "need only establish this fact to make out a prima facie case"

  7. Fruit Growers, Inc., v. Brogdex Co.

    283 U.S. 1 (1931)   Cited 86 times   4 Legal Analyses
    Holding the Brogden-Trowbridge patent invalid

  8. Brand v. Miller

    487 F.3d 862 (Fed. Cir. 2007)   Cited 14 times
    Holding that junior party failed to prove derivation by senior party because it "did not show the relationship between" components and that the record was "[l]acking an explanation . . . as to how the [components] would be arranged to perform the claimed method"

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,350 times   1045 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

  10. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   51 Legal Analyses
    Governing interferences

  11. Section 41.121 - Motions

    37 C.F.R. § 41.121   Cited 15 times   77 Legal Analyses

    (a)Types of motions - (1)Substantive motions. Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion: (i) To redefine the scope of the contested case, (ii) To change benefit accorded for the contested subject matter, or (iii) For judgment in the contested case. (2)Responsive motions. The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of

  12. Section 41.208 - Content of substantive and responsive motions

    37 C.F.R. § 41.208   Cited 6 times   60 Legal Analyses

    The general requirements for motions in contested cases are stated at § 41.121(c) . (a) In an interference, substantive motions must: (1) Raise a threshold issue, (2) Seek to change the scope of the definition of the interfering subject matter or the correspondence of claims to the count, (3) Seek to change the benefit accorded for the count, or (4) Seek judgment on derivation or on priority. (b) To be sufficient, a motion must provide a showing, supported with appropriate evidence, such that, if

  13. Section 90.1 - Scope

    37 C.F.R. § 90.1   Cited 2 times

    The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311 , and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012. 37 C.F.R. §90.1

  14. Section 41.110 - Filing claim information

    37 C.F.R. § 41.110   Cited 1 times

    (a)Clean copy of claims. Within 14 days of the initiation of the proceeding, each party must file a clean copy of its involved claims and, if a biotechnology material sequence is a limitation, a clean copy of the sequence. (b)Annotated copy of claims. Within 28 days of the initiation of the proceeding, each party must: (1) For each involved claim having a limitation that is illustrated in a drawing or biotechnology material sequence, file an annotated copy of the claim indicating in bold face between

  15. Section 41.104 - Conduct of contested case

    37 C.F.R. § 41.104   Cited 1 times   5 Legal Analyses

    (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding. (b) An administrative patent judge may waive or suspend in a proceeding the application of any rule in this subpart, subject to such conditions as the administrative patent judge may impose. (c) Times set in this subpart are defaults. In the event of a conflict between a time set by rule and a time set by order

  16. Section 41.1 - Policy

    37 C.F.R. § 41.1   Cited 1 times   6 Legal Analyses

    (a)Scope. Part 41 governs appeals and interferences before the Patent Trial and Appeal Board. Sections 1.1 to 1.36 and 1.181 to 1.183 of this title also apply to practice before the Board, as do other sections of part 1 of this title that are incorporated by reference into part 41. (b)Construction. The provisions of Part 41 shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding before the Board. (c)Decorum. Each party must act with courtesy and decorum in all