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Ex Parte Jensen et al

12962331 (P.T.A.B. Jun. 15, 2016)
Ex Parte Jensen et al

14 Cited authorities

  1. Ethicon, Inc. v. Quigg

    849 F.2d 1422 (Fed. Cir. 1988)   Cited 661 times   5 Legal Analyses
    Holding the Board may not indefinitely stay an ex parte reexamination in light of parallel district court litigation via the "special dispatch" standard

  2. Collegenet, Inc. v. Applyyourself, Inc.

    418 F.3d 1225 (Fed. Cir. 2005)   Cited 104 times
    Affirming construction of "automatically" as "once initiated, the function is performed by a machine, without the need for manually performing the function"

  3. King Pharmaceuticals, Inc. v. Eon Labs, Inc.

    616 F.3d 1267 (Fed. Cir. 2010)   Cited 89 times   6 Legal Analyses
    Holding that a claimed step of informing someone about an inherent property of a method was printed matter

  4. Standard Havens Products v. Gencor Indus

    953 F.2d 1360 (Fed. Cir. 1992)   Cited 126 times   1 Legal Analyses
    Holding method claims were not directly infringed by the mere sale of an apparatus capable of performing the claimed process

  5. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 88 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  6. Akzo N.V. v. U.S. International Trade Commission

    808 F.2d 1471 (Fed. Cir. 1986)   Cited 145 times   1 Legal Analyses
    Holding that the former requirement to prove an injury to the domestic industry, which was “wed[ded] to the particular facts of each case” and was “precisely the type of question which Congress has committed to the expertise of the Commission,” was subject to substantial evidence review

  7. In re Bond

    910 F.2d 831 (Fed. Cir. 1990)   Cited 57 times   1 Legal Analyses
    Finding that, since "structural equivalency ... is a question of fact," where the Board made no finding as to structural equivalency, this Court would "not reach that question in the first instance" and instead vacate and remand

  8. In re Ngai

    367 F.3d 1336 (Fed. Cir. 2004)   Cited 15 times   1 Legal Analyses
    Noting that allowing claims where the printed matter was the only novel contribution would allow "anyone [to] continue patenting a product indefinitely provided that they add a new instruction sheet to the product"

  9. In re Gulack

    703 F.2d 1381 (Fed. Cir. 1983)   Cited 31 times   1 Legal Analyses
    Holding that even though the claim included printed matter, the printed matter was still entitled to patentable weight because there was a functional relationship between the printed matter and its underlying substrate

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

    35 U.S.C. § 103   Cited 6,120 times   473 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."

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,983 times   993 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 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"

  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   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)