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Ex Parte Tinker et al

09092225 (B.P.A.I. Jan. 30, 2004)
Ex Parte Tinker et al

7 Cited authorities

  1. In re Gartside

    203 F.3d 1305 (Fed. Cir. 2000)   Cited 518 times   15 Legal Analyses
    Holding that factual determinations underlying an obviousness rejection under 35 U.S.C. § 103 are reviewed for substantial evidence

  2. In re Sang-Su Lee

    277 F.3d 1338 (Fed. Cir. 2002)   Cited 105 times   11 Legal Analyses
    Holding that agency tribunals "must make findings of relevant facts, and present its reasoning in sufficient detail that the court may conduct meaningful review of the agency action"

  3. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  4. In re Fine

    837 F.2d 1071 (Fed. Cir. 1988)   Cited 67 times   1 Legal Analyses
    Reversing the Board's determination that dependent claims were invalid because "[d]ependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious."

  5. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 73 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

  6. In re Huston

    308 F.3d 1267 (Fed. Cir. 2002)   Cited 22 times   2 Legal Analyses
    Holding that agency rulings may be upheld if they are supported by the record

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

    35 U.S.C. § 103   Cited 6,126 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."