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Ex Parte Bigelow

10904729 (P.T.A.B. Sep. 25, 2013)
Ex Parte Bigelow

12 Cited authorities

  1. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 209 times   2 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

  2. In re Berger

    279 F.3d 975 (Fed. Cir. 2002)   Cited 15 times   2 Legal Analyses
    Declining to consider the merits of indefiniteness rejections not contested before the Board

  3. In re Berkman

    642 F.2d 427 (C.C.P.A. 1981)   Cited 7 times

    Appeal No. 80-598. February 26, 1981. Rehearing Denied April 9, 1981. James E. Siegel, Henry A. Marzullo, Jr., Myron Greenspan, Scarsdale, N. Y., for appellant. Joseph F. Nakamura, Sol., Washington, D.C., for Patent Trademark Office; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER, and NIES Judges. MARKEY, Chief Judge. Berkman appeals the Patent and Trademark Office Board of Appeals

  4. Application of Reynolds

    443 F.2d 384 (C.C.P.A. 1971)   Cited 6 times

    Patent Appeal No. 8526. June 10, 1971. Cornelius J. O'Connor, Chicago, Ill., attorney of record, for appellant; Homer R. Montague, Washington, D.C., John J. Pederson, Chicago, Ill., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and LANDIS, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Patent Office Board

  5. Application of Wolfensperger

    302 F.2d 950 (C.C.P.A. 1962)   Cited 7 times

    Patent Appeal No. 6790. May 18, 1962. Strauch, Nolan Neale and James E. Nolan, Washington, D.C., for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions of Section 294(d)

  6. 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

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

    35 U.S.C. § 103   Cited 6,124 times   478 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."

  8. 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"

  9. 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

  10. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   17 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority

  11. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  12. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)