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Ex Parte 6055439 et al

90012450 (P.T.A.B. Jun. 16, 2014)
Ex Parte 6055439 et al

12 Cited authorities

  1. In re Am. Academy of Science Tech Ctr.

    367 F.3d 1359 (Fed. Cir. 2004)   Cited 88 times   1 Legal Analyses
    Holding that descriptions of deficiencies of using mainframe computers set out in the "Background of the Invention" portion of the specification did not exclude mainframes from the definition of "'user computer'" where the "specification as a whole" did not express a clear disavowal of that subject matter

  2. In re Klopfenstein

    380 F.3d 1345 (Fed. Cir. 2004)   Cited 77 times   18 Legal Analyses
    Holding that whether a reference is publicly accessible is based on the “facts and circumstances surrounding the reference's disclosure to members of the public”

  3. SRI International, Inc. v. Internet Security Systems, Inc.

    511 F.3d 1186 (Fed. Cir. 2008)   Cited 54 times   10 Legal Analyses
    Holding that paper on FTP website, while publicly available, was not publicly accessible because it was “not catalogued or indexed in a meaningful way”

  4. In re Hall

    781 F.2d 897 (Fed. Cir. 1986)   Cited 94 times   4 Legal Analyses
    Holding "that competent evidence of the general library practice may be relied upon to establish an approximate time when a thesis became accessible"

  5. Tempo Lighting, Inc. v. Tivoli, LLC

    742 F.3d 973 (Fed. Cir. 2014)   Cited 36 times   2 Legal Analyses
    Holding that "[i]n claim construction, this court gives primacy to the language of the claims, followed by the specification"

  6. Massachusetts Institute of Technology v. AB Fortia

    774 F.2d 1104 (Fed. Cir. 1985)   Cited 42 times   6 Legal Analyses
    Holding paper distributed at conference publicly accessible without considering indexing

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,998 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. 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"

  9. 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

  10. Section 306 - Appeal

    35 U.S.C. § 306   Cited 42 times   1 Legal Analyses
    Providing that a petitioner can appeal adverse decisions to the Federal Circuit after reexaminations are complete

  11. 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

  12. Section 1.550 - Conduct of ex parte reexamination proceedings

    37 C.F.R. § 1.550   Cited 32 times   2 Legal Analyses
    Discussing limited involvement of requester and third parties in re-examination proceedings