§

Ex Parte 6861155 et al

95001268 (P.T.A.B. May. 31, 2013)
Ex Parte 6861155 et al

14 Cited authorities

  1. Invitrogen Corp. v. Biocrest Mfg., L.P.

    424 F.3d 1374 (Fed. Cir. 2005)   Cited 176 times   9 Legal Analyses
    Holding that the Supreme Court's "ready for patenting test" set forth in Pfaff, a case concerning § 102(b)'s on-sale bar, "applies to the public use bar under § 102(b)"

  2. In re Katz

    687 F.2d 450 (C.C.P.A. 1982)   Cited 32 times   1 Legal Analyses
    Finding that patentee made a sufficient showing based on inventor's declaration that he was the sole inventor and explanation regarding the co-authors' contribution to the publication

  3. Application of Facius

    408 F.2d 1396 (C.C.P.A. 1969)   Cited 23 times

    Patent Appeal No. 8238. April 10, 1969. Davidson C. Miller, John F. Witherspoon, Stevens, Davis, Miller Mosher, Washington, D.C., for appellant. Joseph Schimmel, Washington, D.C. (Joseph F. Nakamura, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND, and BALDWIN, Judges. BALDWIN, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the examiner's rejection of claims 1-4, all of the claims in appellant's

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,341 times   1040 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

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

    35 U.S.C. § 103   Cited 6,116 times   472 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."

  6. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,981 times   992 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  7. Section 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 455 times   91 Legal Analyses
    Imposing no such requirement

  8. Section 311 - Inter partes review

    35 U.S.C. § 311   Cited 403 times   189 Legal Analyses
    Establishing grounds and scope of IPR proceeding

  9. 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"

  10. Section 115 - Inventor's oath or declaration

    35 U.S.C. § 115   Cited 97 times   46 Legal Analyses
    Requiring that an applicant for a patent "shall make oath that he believes himself to be the original and first inventor"

  11. Section 1.132 - Affidavits or declarations traversing rejections or objections

    37 C.F.R. § 1.132   Cited 104 times   13 Legal Analyses

    When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057, Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the

  12. Section 41.79 - Rehearing

    37 C.F.R. § 41.79   Cited 5 times

    (a) Parties to the appeal may file a request for rehearing of the decision within one month of the date of: (1) The original decision of the Board under § 41.77(a) , (2) The original § 41.77(b) decision under the provisions of § 41.77(b)(2) , (3) The expiration of the time for the owner to take action under § 41.77(b)(2) , or (4) The new decision of the Board under § 41.77(f) . (b) (1) The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked

  13. Section 41.81 - Action following decision

    37 C.F.R. § 41.81   Cited 2 times

    The parties to an appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under § 1.983 of this title until all parties' rights to request rehearing have been exhausted, at which time the decision of the Board is final and appealable by any party to the appeal to the Board. 37 C.F.R. §41.81

  14. Section 1.983 - Appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination

    37 C.F.R. § 1.983   Cited 2 times

    (a) The patent owner or third party requester in an inter partes reexamination proceeding who is a party to an appeal to the Patent Trial and Appeal Board and who is dissatisfied with the decision of the Patent Trial and Appeal Board may, subject to § 41.81 , appeal to the U.S. Court of Appeals for the Federal Circuit and may be a party to any appeal thereto taken from a reexamination decision of the Patent Trial and Appeal Board. (b) The appellant must take the following steps in such an appeal: