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Ex Parte Lamberton et al

09654857 (B.P.A.I. Jul. 24, 2007)
Ex Parte Lamberton et al

6 Cited authorities

  1. Star Fruits S.N.C. v. U.S.

    393 F.3d 1277 (Fed. Cir. 2005)   Cited 53 times   3 Legal Analyses
    Upholding examiner demand, under 37 C.F.R. § 1.105, for “information that the applicant is in the best position to most cheaply provide”

  2. Optivus Technology, Inc. v. Ion Beam Applications S.A.

    469 F.3d 978 (Fed. Cir. 2006)   Cited 31 times
    Affirming the district court's holding of invalidity despite the court's statement that “[t]here is no indication that the [motivation to combine] was non-obvious,” because the district court's opinion as a whole indicated it “correctly allocated the burden of proof”

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

    35 U.S.C. § 103   Cited 6,109 times   470 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."

  4. 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

  5. Section 1.105 - Requirements for information

    37 C.F.R. § 1.105   Cited 16 times   3 Legal Analyses

    (a) (1) In the course of examining or treating a matter in a pending or abandoned application, in a patent, or in a reexamination proceeding, including a reexamination proceeding ordered as a result of a supplemental examination proceeding, the examiner or other Office employee may require the submission, from individuals identified under § 1.56(c) , or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter, for example: (i)Commercial databases: The

  6. Section 41.33 - Amendments and affidavits or other Evidence after appeal

    37 C.F.R. § 41.33   Cited 2 times   1 Legal Analyses

    (a) Amendments filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) and prior to the date a brief is filed pursuant to § 41.37 may be admitted as provided in § 1.116 of this title. (b) Amendments filed on or after the date of filing a brief pursuant to § 41.37 may be admitted: (1) To cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or (2) To rewrite dependent claims into independent form. (c) All other amendments