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Ex Parte 5819292 et al

90008903 (B.P.A.I. Jul. 31, 2012)
Ex Parte 5819292 et al

14 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. Johnson Worldwide Assoc. v. Zebco Corp.

    175 F.3d 985 (Fed. Cir. 1999)   Cited 582 times
    Holding that "modifiers will not be added to broad terms standing alone"

  3. Corning Glass Works v. Sumitomo Elec. U.S.A

    868 F.2d 1251 (Fed. Cir. 1989)   Cited 388 times
    Holding that the phrase "[a]n optical waveguide" in the preamble of the claim language was meant to limit claim scope to "optical waveguides" rather than all optical fibers because the "specification [made it] clear that the inventors were working on the particular problem of an . . . optical communication system not on general improvements in conventional optical fibers"

  4. Karlin Tech. v. Surgical Dynamics, Inc.

    177 F.3d 968 (Fed. Cir. 1999)   Cited 227 times
    Holding it improper to read the limitation in the dependent claims "into the independent claim from which they depend"

  5. Wenger Mfg. v. Coating Machinery Systems

    239 F.3d 1225 (Fed. Cir. 2001)   Cited 212 times
    Holding that claim limitation using the term "means for" and not reciting any structure presumptively falls within the scope of § 112, ¶ 6

  6. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  7. Resonate Inc. v. Alteon Websystems, Inc.

    338 F.3d 1360 (Fed. Cir. 2003)   Cited 62 times
    Explaining that a patent's written description "is not a substitute for, nor can it be used to rewrite, the chosen claim language. Though understanding the claim language may be aided by the explanations contained in the written description, it is important not to import into a claim limitations that are not a part of the claim."

  8. In re Icon Health

    496 F.3d 1374 (Fed. Cir. 2007)   Cited 46 times   3 Legal Analyses
    Concluding that "[a]nalogous art to Icon's application," which related to "a treadmill with a folding mechanism and a means for retaining that mechanism in the folded position," included "any area describing hinges, springs, latches, counterweights, or other similar mechanisms—such as the folding bed in" the prior art

  9. In re Van Geuns

    988 F.2d 1181 (Fed. Cir. 1993)   Cited 21 times   1 Legal Analyses

    No. 91-1088. March 10, 1993. Jack E. Haken, U.S. Philips Corp., Tarrytown, NY, argued, for appellant. Fred E. McKelvey, Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Lee E. Barrett, Associate Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before ARCHER, PLAGER, and RADER, Circuit Judges. ARCHER, Circuit Judge. Johannes R. Van Geuns appeals from the September 25, 1990 decision of the Patent and Trademark Office

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,990 times   998 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. 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

  12. Section 306 - Appeal

    35 U.S.C. § 306   Cited 42 times   1 Legal Analyses
    Providing that a petitioner can appeal adverse decisions to the Federal Circuit after reexaminations are complete

  13. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  14. Section 1.550 - Conduct of ex parte reexamination proceedings

    37 C.F.R. § 1.550   Cited 32 times   2 Legal Analyses
    Discussing limited involvement of requester and third parties in re-examination proceedings