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Ex Parte Candelore et al

14493825 (P.T.A.B. Nov. 30, 2018)
Ex Parte Candelore et al

16 Cited authorities

  1. Catalina Market. Intern. v. Coolsavings.com

    289 F.3d 801 (Fed. Cir. 2002)   Cited 653 times   5 Legal Analyses
    Holding that "the claims, specification, and prosecution history of the041 patent demonstrate that the preamble phrase `located at predesignated sites such as consumer stores' is not a limitation of Claim 1," for "the applicant did not rely on this phrase to define its invention nor is the phrase essential to understand limitations or terms in the claim body"

  2. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 149 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  3. In re Elsner

    381 F.3d 1125 (Fed. Cir. 2004)   Cited 119 times   3 Legal Analyses
    Rehearing en banc denied Nov. 23, 2004

  4. In re Morris

    127 F.3d 1048 (Fed. Cir. 1997)   Cited 49 times   7 Legal Analyses
    Holding that, in reviewing a claim construction decided under the ‘broadest reasonable interpretation’ standard, we determine whether the interpretation is within the range of reasonableness

  5. Application of Arkley

    455 F.2d 586 (C.C.P.A. 1972)   Cited 44 times   1 Legal Analyses
    Noting that an anticipating reference "must clearly and unequivocally disclose the claimed compound or direct those skilled in the art to the compound without any need for picking, choosing, and combining various disclosures not directly related to each other by the teachings of the cited reference"

  6. Application of LeGrice

    301 F.2d 929 (C.C.P.A. 1962)   Cited 44 times

    Patent Appeals Nos. 6727, 6728. May 4, 1962. Rehearing Denied July 11, 1962. John H. Leonard, Cleveland, Ohio (Spencer B. Michael, Smith, Michael Gardiner, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (Joseph Schimmel, Washington, D.C., of counsel), for the Commission 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

  7. Application of Ludtke

    441 F.2d 660 (C.C.P.A. 1971)   Cited 13 times

    Patent Appeal No. 8513. May 6, 1971. John O. Tresansky, Washington, D.C., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Edward E. Kubasiewicz, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN and LANE, Judges, and SKELTON, Judge, Customs Court, sitting by designation. ALMOND, Judge. This is an appeal from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming the rejection of claims 1-7 of appellants'

  8. Application of Yanush

    477 F.2d 958 (C.C.P.A. 1973)   Cited 1 times

    Patent Appeal No. 8951. May 17, 1973. Keith D. Beecher, Jessup Beecher, Los Angeles, Cal., attorneys of record, for appellant. S. Wm. Cochran, 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, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. MARKEY, Chief Judge. This is an appeal from the decision of the Patent Office Board of Appeals rejecting, under 35 U.S.C. § 103

  9. Application of Gardiner

    171 F.2d 313 (C.C.P.A. 1948)   Cited 15 times

    Patent Appeal No. 5492. December 7, 1948. Appeal from the Board of Appeals of the United States Patent Office, Serial No. 527,224. Proceeding in the matter of the application of Duncan B. Gardiner for a patent. From a decision of the Board of Appeals affirming that of the primary examiner rejecting claims 15 to 19, inclusive, the applicant appeals. Affirmed. Ralph L. Tweedale, of Detroit, Mich. (N. Douglas Parker, Jr., of Washington, D.C., of counsel), for appellant. W.W. Cochran, of Washington,

  10. Application of Otto

    312 F.2d 937 (C.C.P.A. 1963)   Cited 2 times

    Patent Appeal No. 6901. February 13, 1963. Clarence M. Fisher, Pennie, Edmonds, Morton, Barrows Taylor, Washington, D.C. (John T. Roberts, Washington, D.C., of counsel), for appellants. Clarence W. Moore, Washington, D.C. (Joseph F. Nakamura, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. MARTIN, Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the Primary Examiner's rejection

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,973 times   986 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  12. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 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"

  13. 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

  14. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   28 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)