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Ex Parte Uehara et al

10130255 (B.P.A.I. Jul. 17, 2007)
Ex Parte Uehara et al

13 Cited authorities

  1. B. Braun Medical v. Abbott Laboratories

    124 F.3d 1419 (Fed. Cir. 1997)   Cited 511 times   7 Legal Analyses
    Holding that the district court's pre- Markman failure to instruct the jury on the construction of a means-plus-function limitation was harmless because the jury adopted the correct construction

  2. Sage Products, Inc. v. Devon Industries

    126 F.3d 1420 (Fed. Cir. 1997)   Cited 484 times   7 Legal Analyses
    Holding that where a claim recites a function, but goes on to elaborate sufficient structure, the claim is not in means-plus-function format

  3. Odetics, Inc. v. Storage Technology Corp.

    185 F.3d 1259 (Fed. Cir. 1999)   Cited 315 times
    Holding that a dispute about the district court's limitation of the time period during which the jury could find willful infringement was moot in view of the court's determination that the district court did not abuse its discretion in declining to award enhanced damages

  4. Atmel Corp. v. Info. Storage Devices, Inc.

    198 F.3d 1374 (Fed. Cir. 1999)   Cited 297 times   5 Legal Analyses
    Holding that the determination of whether sufficient structure is disclosed in the specification to support a means-plus-function limitation is based on the understanding of one skilled in the art

  5. Al-Site Corp. v. VSI International, Inc.

    174 F.3d 1308 (Fed. Cir. 1999)   Cited 276 times   1 Legal Analyses
    Holding that although the claim elements "eyeglass hanger member" and "eyeglass contacting member" include a function, these claim elements do not invoke 35 U.S.C. 112, sixth paragraph because the claims themselves contain sufficient structural limitations for performing these functions

  6. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  7. In re Donaldson Co., Inc.

    16 F.3d 1189 (Fed. Cir. 1994)   Cited 206 times   6 Legal Analyses
    Holding that 35 U.S.C. § 112 ¶ 6, which limits means-plus-function claims to the structures described in the specification and their equivalents, "applies regardless of the context in which the interpretation of means-plus-function language arises, i.e., whether as part of a patentability determination in the PTO or as part of a validity or infringement determination in a court"

  8. Valmont Industries, Inc. v. Reinke Mfg. Co.

    983 F.2d 1039 (Fed. Cir. 1993)   Cited 182 times
    Holding that section 112, ¶ 6, permits the use of means-plus-function language in claims, but with the proviso that the claims are limited to the structure, material, or acts disclosed in the specification and their equivalents

  9. Gechter v. Davidson

    116 F.3d 1454 (Fed. Cir. 1997)   Cited 56 times   2 Legal Analyses
    Finding arbitrary the Board's finding of anticipation because of inadequate explanation on how the reference disclosed claim elements, vacating, and remanding

  10. In re Bond

    910 F.2d 831 (Fed. Cir. 1990)   Cited 57 times   1 Legal Analyses
    Finding that, since "structural equivalency ... is a question of fact," where the Board made no finding as to structural equivalency, this Court would "not reach that question in the first instance" and instead vacate and remand

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,350 times   1046 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

  12. 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

  13. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well