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Wilson Sporting Goods Co.

13946246 - (D) (P.T.A.B. Jul. 20, 2020)
Wilson Sporting Goods Co.

21 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,543 times   185 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,174 times   67 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Hockerson-Halberstadt, Inc. v. Avia Group International, Inc.

    222 F.3d 951 (Fed. Cir. 2000)   Cited 209 times   2 Legal Analyses
    Holding that the public is entitled to rely on the patentee's representations in the prosecution history concerning the scope and meaning of the claims

  4. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 144 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  5. In re Suitco Surface

    603 F.3d 1255 (Fed. Cir. 2010)   Cited 36 times   5 Legal Analyses
    In Suitco, we disagreed with the Board's broadest reasonable construction of the term "finishing the top surface of the floor," because the Board's construction "allow[ed] the finishing material to fall anywhere above the surface being finished regardless of whether it actually ‘finishes’ the surface."

  6. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  7. Application of Aller

    220 F.2d 454 (C.C.P.A. 1955)   Cited 47 times   2 Legal Analyses
    Finding no criticality where claimed conditions allegedly contributed to roughly 20 percentage point improvement in yield

  8. In re Sovish

    769 F.2d 738 (Fed. Cir. 1985)   Cited 8 times

    Appeal No. 85-781. July 26, 1985. James W. Geriak, Lyon Lyon, of Los Angeles, Cal., argued, for appellants. With him on brief were Roy L. Anderson and William E. Mouzavires, Lyon Lyon, Washington, D.C. Fred W. Sherling, Associate Solicitor, U.S. Patent Trademark Office, Arlington, Va., argued, for appellee. With him on brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Board of Appeals. Before RICH, Circuit

  9. Scully Signal v. Electronics Corp. of America

    570 F.2d 355 (1st Cir. 1977)   Cited 10 times

    Nos. 77-1133 and 77-1144. Argued June 1, 1977. Decided December 29, 1977. Robert H. Rines, Boston, Mass., with whom Rines Rines, Boston, Mass., was on brief, for Scully Signal Co. Charles E. Pfund, Boston, Mass., with whom Dike, Bronstein, Roberts, Chushman Pfund, Sewall P. Bronstein, and David G. Conlin, Boston, Mass., were on brief, for Electronics Corp. of America. Appeal from the United States District Court for the District of Massachusetts. Before COFFIN, Chief Judge, LAY, Circuit Judge, CAMPBELL

  10. Application of Kuhle

    526 F.2d 553 (C.C.P.A. 1975)   Cited 7 times   1 Legal Analyses

    Patent Appeal No. 75-602. December 4, 1975. Keith D. Beecher, Los Angeles, Cal., for appellant. Joseph E. Nakamura, Sol., R.V. Lupo, Assoc. Sol., Washington, D.C., for Commissioner of Patents. Appeal from the Board of Appeals of the Patent and Trademark Office. MILLER, Judge. This appeal is from the decision of the Board of Appeals of the Patent and Trademark Office affirming the examiner's rejection of claims 5 and 6 of application serial No. 314,180, filed Dec. 11, 1972, for "Portable Moisture

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

    35 U.S.C. § 103   Cited 6,116 times   472 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."

  12. 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"

  13. 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

  14. 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

  15. 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

  16. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   29 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)

  17. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and