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Ex Parte Calvarese et al

15350226 - (D) (P.T.A.B. Jun. 21, 2019)
Ex Parte Calvarese et al

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,545 times   185 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Leapfrog v. Fisher-Price

    485 F.3d 1157 (Fed. Cir. 2007)   Cited 90 times   5 Legal Analyses
    Holding that the objective considerations of nonobviousness presented, including substantial evidence of commercial success, praise, and long-felt need, were inadequate to overcome a strong showing of primary considerations that rendered the claims at issue invalid

  3. Cheese Sys., Inc. v. Tetra Pak Cheese & Powder Sys., Inc.

    725 F.3d 1341 (Fed. Cir. 2013)   Cited 53 times
    Affirming district court's striking in part of an expert declaration that included untimely disclosures

  4. EWP Corp. v. Reliance Universal Inc.

    755 F.2d 898 (Fed. Cir. 1985)   Cited 60 times
    Finding appellants' burden of proof under section 282 to be "more easily carried" because the court did not have the benefit of the PTO's view on the validity of the references

  5. Lear Siegler, Inc. v. Aeroquip Corp.

    733 F.2d 881 (Fed. Cir. 1984)   Cited 58 times
    In Lear Siegler, the holder of a patent for a brake unit sued a brake assembly manufacturer ("Aeroquip") for infringement.

  6. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 45 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  7. In re Sneed

    710 F.2d 1544 (Fed. Cir. 1983)   Cited 21 times   2 Legal Analyses
    Rejecting argument that a prior art reference should not be considered "because it deals with collapsible hose rather than flexible plastic pipe and teaches that rolling 600 feet of 4 inch, noncollapsible hose into a transportable bundle is virtually 'an insurmountable task'" because "it is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."

  8. 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."

  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 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

  11. 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