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Ex Parte Roos et al

13512924 (P.T.A.B. Dec. 29, 2016)
Ex Parte Roos et al

9 Cited authorities

  1. In re Huai-Hung Kao

    639 F.3d 1057 (Fed. Cir. 2011)   Cited 88 times   16 Legal Analyses
    Holding that a "food effect" was obvious because the effect was an inherent property of the composition

  2. Arendi S.A.R.L. v. Apple Inc.

    832 F.3d 1355 (Fed. Cir. 2016)   Cited 53 times   16 Legal Analyses
    Affirming that courts should "consider common sense, common wisdom, and common knowledge in analyzing obviousness"

  3. In re Zurko

    258 F.3d 1379 (Fed. Cir. 2001)   Cited 27 times   7 Legal Analyses
    Reversing the Board's affirmance of an examiner's obviousness rejection where the Board failed to identify "concrete evidence in the record" supporting its findings

  4. Application of Ahlert

    424 F.2d 1088 (C.C.P.A. 1970)   Cited 8 times   1 Legal Analyses
    Requiring that applicants be given “the opportunity to challenge the correctness of the assertion or the notoriety or repute of the cited reference”

  5. In re Knapp-Monarch Company

    296 F.2d 230 (C.C.P.A. 1961)   Cited 11 times

    Patent Appeal No. 6726. December 18, 1961. George B. Newitt, Chicago, Ill. (Norman Lettvin, Chicago, Ill., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions

  6. 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."

  7. 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"

  8. 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

  9. 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)