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CommScope Technologies LLC

2020003378 (P.T.A.B. Aug. 25, 2021)
CommScope Technologies LLC

17 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,550 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. Catalina Market. Intern. v. Coolsavings.com

    289 F.3d 801 (Fed. Cir. 2002)   Cited 657 times   5 Legal Analyses
    Holding that "the claims, specification, and prosecution history of the041 patent demonstrate that the preamble phrase `located at predesignated sites such as consumer stores' is not a limitation of Claim 1," for "the applicant did not rely on this phrase to define its invention nor is the phrase essential to understand limitations or terms in the claim body"

  3. Hewlett-Packard Co. v. Bausch Lomb Inc.

    909 F.2d 1464 (Fed. Cir. 1990)   Cited 318 times   7 Legal Analyses
    Holding § 271(c) codified common law doctrine prohibiting sale of "component" that "had no other use except with claimed product or process"

  4. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 145 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  5. Paragon Solutions v. Timex Corporation

    566 F.3d 1075 (Fed. Cir. 2009)   Cited 74 times   2 Legal Analyses
    Holding "real-time" could not mean instantaneous, in part, because "two of the claimed types of real-time data—velocity and pace—are calculations of the rate of movement. Because a rate of movement is simply distance moved over time (or time over distance moved), calculation of a rate of movement necessarily requires the passage of a non-zero amount of time."

  6. In re King

    801 F.2d 1324 (Fed. Cir. 1986)   Cited 46 times   1 Legal Analyses
    Finding that principles of inherency do not prohibit a process patent for a new use of an old structure

  7. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 46 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  8. Superior Indus., Inc. v. Masaba, Inc.

    553 F. App'x 986 (Fed. Cir. 2014)   Cited 6 times   1 Legal Analyses

    2013-1302 01-16-2014 SUPERIOR INDUSTRIES, INC., Plaintiff-Appellant, v. MASABA, INC., Defendant-Appellee. JOHN M. WEYRAUCH, Dicke, Billig & Czaja, PLLC, of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were PAUL P. KEMPF and PETER R. FORREST. Of counsel was PATRICK G. BILLIG. TIM R. SHATTUCK, Woods, Fuller, Shultz & Smith, P.C., of Sioux Falls, South Dakota, argued for defendant-appellee. With him on the brief was SANDER J. MOREHEAD. Of counsel on the brief was JEFFREY

  9. Roberts v. Ryer

    91 U.S. 150 (1875)   Cited 98 times
    In Roberts v. Ryer, 91 U.S. 150, 151, 23 L. Ed. 267, the Supreme Court said it is no new invention to use an old machine for a new purpose.

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

    35 U.S.C. § 103   Cited 6,133 times   479 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."

  11. 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"

  12. 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

  13. 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

  14. 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

  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)

  16. Section 41.41 - Reply brief

    37 C.F.R. § 41.41   Cited 8 times   25 Legal Analyses

    (a)Timing. Appellant may file only a single reply brief to an examiner's answer within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under § 1.181 of this title to designate a new ground of rejection in an examiner's answer. (b)Content. (1) A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other Evidence. See § 1.116 of this title for amendments, affidavits or other evidence

  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