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Ex Parte Smith et al

12589541 (P.T.A.B. Oct. 16, 2014)
Ex Parte Smith et al

13 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,400 times   515 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. Bilski v. Kappos

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

  3. 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

  4. Parker v. Flook

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

  5. Ultramercial, Inc. v. Hulu, LLC

    722 F.3d 1335 (Fed. Cir. 2013)   Cited 102 times   22 Legal Analyses
    Stating that "it will be rare that a patent infringement suit can be dismissed at the pleading stage for lack of patentable subject matter ... because every issued patent is presumed to have been issued properly, absent clear and convincing evidence to the contrary"

  6. In re Comiskey

    499 F.3d 1365 (Fed. Cir. 2007)   Cited 24 times   4 Legal Analyses
    Holding that "mental processes," "processes of human thinking," and "systems that depend for their operation on human intelligence alone" are not patent-eligible subject matter under Benson

  7. Cochrane v. Deener

    94 U.S. 780 (1876)   Cited 143 times   5 Legal Analyses
    In Cochrane the invention was a method for bolting flour, described as a series of mechanical steps in the processing of flour meal.

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

    35 U.S.C. § 103   Cited 6,105 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."

  9. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,468 times   2251 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."

  10. 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"

  11. 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

  12. Section 101 - American Heart Month

    36 U.S.C. § 101   Cited 2 times

    The President is requested to issue each year a proclamation- (1) designating February as American Heart Month; (2) inviting the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating February as American Heart Month; and (3) urging the people of the United States to recognize the nationwide problem of heart and blood vessel diseases and to support all essential programs required to solve the problem. 36 U.S.C. § 101 Pub. L. 105-225

  13. 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)