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Ex Parte Preisler et al

14632238 (P.T.A.B. Dec. 29, 2017)
Ex Parte Preisler et al

8 Cited authorities

  1. Streck, Inc. v. Research & Diagnostic Sys., Inc.

    665 F.3d 1269 (Fed. Cir. 2012)   Cited 136 times   1 Legal Analyses
    Holding that district court lacked jurisdiction over claims that were asserted in the complaint but not in the plaintiff's infringement contentions or defendant's invalidity contentions

  2. In re Curtis

    354 F.3d 1347 (Fed. Cir. 2004)   Cited 16 times   1 Legal Analyses
    Holding that an application would not have put persons skilled in the art on notice of the broad scope claimed by the applicant, where there is "`unpredictability in performance of certain species or subcombinations other than those specifically enumerated'" (quoting In re Smythe, 480 F.2d at 1383)

  3. Utter v. Hiraga

    845 F.2d 993 (Fed. Cir. 1988)   Cited 33 times
    Holding that in an interference proceeding "[t]here is no inconsistency in awarding a generic count to one inventor, while awarding a patentably distinct species count to another."

  4. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,329 times   1038 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 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"

  6. 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

  7. 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

  8. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   28 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)