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Ex Parte O

14467538 - (D) (P.T.A.B. Feb. 15, 2019)
Ex Parte O

22 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,403 times   518 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 796 times   152 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 814 times   159 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 455 times   147 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  5. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 536 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  6. Content Extraction & Transmission LLC v. Wells Fargo Bank

    776 F.3d 1343 (Fed. Cir. 2014)   Cited 608 times   21 Legal Analyses
    Holding claims directed to the "abstract idea of 1

  7. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 405 times   86 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  8. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 500 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  9. TLI Communications LLC v. AV Automotive, L.L.C.

    823 F.3d 607 (Fed. Cir. 2016)   Cited 410 times   23 Legal Analyses
    Holding that claims directed to a method for recording digital images on a telephone were not directed to an improvement to computer functionality because "they are directed to the use of conventional or generic technology in a nascent but well-known environment" without "describ[ing] a new telephone, a new server, or a new physical combination of the two" or "any technical details for the tangible components"

  10. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,475 times   2266 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  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 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   29 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)