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Ex Parte 7449289 et al

95001599 (P.T.A.B. Aug. 27, 2014)
Ex Parte 7449289 et al

13 Cited authorities

  1. Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC

    683 F.3d 1356 (Fed. Cir. 2012)   Cited 49 times   7 Legal Analyses
    Finding entry of Rule 54(b) judgment proper with respect to Cadbury commercial products but not Cadbury experimental products

  2. Application of Petering

    301 F.2d 676 (C.C.P.A. 1962)   Cited 76 times   7 Legal Analyses
    Holding in a case involving twenty compounds that a general chemical formula will anticipate a claimed species covered by the formula when the species can be `at once envisaged' from the formula

  3. Application of Stempel

    241 F.2d 755 (C.C.P.A. 1957)   Cited 38 times
    Discussing what is necessary to successfully "swear back" of a reference under Rule 131, when the reference discloses a species of the applicant's generic claim

  4. Application of Scheiber

    587 F.2d 59 (C.C.P.A. 1978)   Cited 7 times
    Construing the section 112, ¶ 1 requirements of section 120

  5. Application of Spiller

    500 F.2d 1170 (C.C.P.A. 1974)   Cited 9 times

    Patent Appeal No. 9174. August 8, 1974. Rehearing Denied November 14, 1974. Arnold G. Gulko, Arlington, Va., Dressler, Goldsmith, Clement Gordon, Ltd., Chicago, Ill., attorney of record, for appellant; David H. Badger, Ransburg Corporation, Indianapolis, Ind., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and

  6. 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."

  7. 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"

  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 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 116 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  11. Section 41.77 - Decisions and other actions by the Board

    37 C.F.R. § 41.77   Cited 16 times   3 Legal Analyses

    (a) The Patent Trial and Appeal Board, in its decision, may affirm or reverse each decision of the examiner on all issues raised on each appealed claim, or remand the reexamination proceeding to the examiner for further consideration. The reversal of the examiner's determination not to make a rejection proposed by the third party requester constitutes a decision adverse to the patentability of the claims which are subject to that proposed rejection which will be set forth in the decision of the Patent

  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 1.943 - Requirements of responses, written comments, and briefs in inter partes reexamination

    37 C.F.R. § 1.943

    (a) The form of responses, written comments, briefs, appendices, and other papers must be in accordance with the requirements of § 1.52 . (b) Responses by the patent owner and written comments by the third party requester shall not exceed 50 pages in length, excluding amendments, appendices of claims, and reference materials such as prior art references. (c) Appellant's briefs filed by the patent owner and the third party requester shall not exceed thirty pages or 14,000 words in length, excluding