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Ex Parte Kirmoto et al

10826173 (B.P.A.I. Aug. 17, 2009)
Ex Parte Kirmoto et al

15 Cited authorities

  1. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,291 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record

  2. Halliburton Energy v. M-I LLC

    514 F.3d 1244 (Fed. Cir. 2008)   Cited 451 times   7 Legal Analyses
    Holding that a claim is "indefinite if a [claim] term does not have proper antecedent basis"

  3. DeSilva v. DiLeonardi

    181 F.3d 865 (7th Cir. 1999)   Cited 193 times   3 Legal Analyses
    Refusing to consider arguments that were adopted by reference but not actually made in appellate briefs because "adoption by reference amounts to a self-help increase in the length of the appellate brief"

  4. Ernst Haas Studio, Inc. v. Palm Press, Inc.

    164 F.3d 110 (2d Cir. 1999)   Cited 119 times
    Holding that, where a brief does not sufficiently address an argument, courts are under no obligation to "scour the record, research any legal theory that comes to mind, and serve generally as an advocate"

  5. In re Clement

    131 F.3d 1464 (Fed. Cir. 1997)   Cited 51 times   1 Legal Analyses
    Deciding as a matter of law "whether and in what aspect the reissue claims are broader than the patent claims"

  6. Hester Industries, Inc. v. Stein, Inc.

    142 F.3d 1472 (Fed. Cir. 1998)   Cited 49 times
    Finding patentee's repeated arguments regarding the limitations constituted an admission that the limitations were necessary to overcome the prior art and the reissue claims impermissibly recaptured surrendered subject matter

  7. Application of Prater

    415 F.2d 1393 (C.C.P.A. 1969)   Cited 78 times   4 Legal Analyses
    Holding that claims are given their broadest reasonable interpretation during examination "since the applicant may then amend his claims"

  8. Dorel Juvenile Group v. Graco Children's P

    429 F.3d 1043 (Fed. Cir. 2005)   Cited 12 times
    Vacating grant of summary judgment of noninfringement because a material factual dispute existed over how the accused product functioned

  9. 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

  10. 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."

  11. 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"

  12. 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

  13. Section 3 - Officers and employees

    35 U.S.C. § 3   Cited 50 times   28 Legal Analyses
    Providing that “[t]he Director shall ... appoint such officers ... as the Director considers necessary, ... and delegate to them such of the powers vested in the Office as the Director may determine”

  14. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 116 times   16 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  15. 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)