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Ex Parte Tsukidate et al

12930767 (P.T.A.B. Feb. 26, 2014)
Ex Parte Tsukidate et al

12 Cited authorities

  1. Amgen Inc. v. Hoechst Marion Roussel, Inc.

    314 F.3d 1313 (Fed. Cir. 2003)   Cited 503 times   14 Legal Analyses
    Holding that “non-naturally occurring” and “not isolated” were structural elements defining the source of the claimed material, rather than steps for obtaining it

  2. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 339 times   41 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  3. In re Clement

    131 F.3d 1464 (Fed. Cir. 1997)   Cited 51 times   1 Legal Analyses
    Deciding as a matter of law "whether and in what aspect the reissue claims are broader than the patent claims"

  4. In re Youman

    679 F.3d 1335 (Fed. Cir. 2012)   Cited 17 times   1 Legal Analyses
    Explaining that section 251's “error” requirement covers “inadvertence or mistake,” not “deliberate” choices made by the patentee

  5. In re Mostafazadeh

    643 F.3d 1353 (Fed. Cir. 2011)   Cited 15 times   2 Legal Analyses
    Applying step three's “materially narrowing” analysis “relative to the original claims” where “original claims” are defined as “the claims before surrender”

  6. Application of Mayhew

    527 F.2d 1229 (C.C.P.A. 1976)   Cited 6 times
    Affirming examiner's rejection of claims not limited to having a cooling zone at the exit of a steel strip from a zinc bath because the specification indicated that without that cooling bath the invented process would not work

  7. 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

  8. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,973 times   986 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   72 Legal Analyses
    Describing the reissue of defective patents

  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 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   17 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority