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Ex Parte 6591353 et al

95001169 (B.P.A.I. Jan. 24, 2012)
Ex Parte 6591353 et al

13 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,828 times   167 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Liebel-Flarsheim Company v. Medrad, Inc.

    358 F.3d 898 (Fed. Cir. 2004)   Cited 1,324 times   6 Legal Analyses
    Holding that claim terms are given the full breadth of their ordinary meaning unless a clear disavowal of scope is stated in the specification

  3. Johnson Worldwide Assoc. v. Zebco Corp.

    175 F.3d 985 (Fed. Cir. 1999)   Cited 582 times
    Holding that "modifiers will not be added to broad terms standing alone"

  4. Edwards Lifesciences v. Cook

    582 F.3d 1322 (Fed. Cir. 2009)   Cited 182 times   3 Legal Analyses
    Holding that "graft" was to be construed more narrowly as "intraluminal graft" because the only devices described in the specification were intraluminal and because the specification repeatedly referred to intraluminal grafts as "the present invention"

  5. Rambus Inc. v. Infineon Technologies AG

    318 F.3d 1081 (Fed. Cir. 2003)   Cited 160 times   3 Legal Analyses
    Holding that general statement introducing new limitations does not limit scope of claims not amended to include the new limitations

  6. 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

  7. In re Bigio

    381 F.3d 1320 (Fed. Cir. 2004)   Cited 71 times   10 Legal Analyses
    Affirming conclusion that toothbrush and small hair brush were in same field of endeavor because "the structural similarities between toothbrushes and small brushes for hair would have led one of ordinary skill in the art working in the specific field of hairbrushes to consider all similar brushes including toothbrushes"

  8. In re Yamamoto

    740 F.2d 1569 (Fed. Cir. 1984)   Cited 110 times   4 Legal Analyses
    Giving claims their broadest reasonable interpretation “serves the public interest by reducing the possibility that claims, finally allowed, will be given broader scope than is justified”

  9. Laitram Corp. v. Morehouse Indus., Inc.

    143 F.3d 1456 (Fed. Cir. 1998)   Cited 71 times
    Holding that a "driving surface" is limited to a flat surface; this interpretations was supported by the specification's discussion of the invention's benefits, the benefits requiring a flat surface

  10. Mangosoft v. Oracle

    525 F.3d 1327 (Fed. Cir. 2008)   Cited 24 times
    Finding further support for the proper construction in the prosecution history

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,996 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  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 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