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Ex Parte Hua et al

12220218 (P.T.A.B. Mar. 14, 2016)
Ex Parte Hua et al

5 Cited authorities

  1. In re Carlson

    79 F.2d 900 (C.C.P.A. 1935)

    Patent Appeal No. 3539. November 27, 1935. Appeal from Board of Patent Appeals, Serial No. 43,197. Application for patent by Elof L. Carlson and another. The decision of the Examiner rejecting the application was affirmed by the Board of Appeals of the United States Patent Office, and applicants appeal. Affirmed. Clarence M. Fisher, of Washington, D.C. (W.B. Morton, of Washington, D.C., of counsel), for appellants. R.F. Whitehead, of Washington, D.C. (Howard S. Miller, of Washington, D.C., of counsel)

  2. 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."

  3. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,990 times   998 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  4. 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"

  5. 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)