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Ex Parte 7,828,595 et al

95001691 (P.T.A.B. Dec. 13, 2013)
Ex Parte 7,828,595 et al

14 Cited authorities

  1. Pfizer v. Apotex

    480 F.3d 1348 (Fed. Cir. 2007)   Cited 381 times   7 Legal Analyses
    Holding the district court clearly erred when it failed to consider relevant prior art

  2. CAE Screenplates Inc. v. Heinrich Fiedler GmbH & Co. KG

    224 F.3d 1308 (Fed. Cir. 2000)   Cited 224 times
    Holding there is a presumption that when different words are used to describe different elements they have different meanings

  3. Energizer Holdings v. Int'l Trade Com'n

    435 F.3d 1366 (Fed. Cir. 2006)   Cited 174 times   1 Legal Analyses
    Holding that "an antecedent basis can be present by implication"

  4. Rodime PLC v. Seagate Technology, Inc.

    174 F.3d 1294 (Fed. Cir. 1999)   Cited 203 times
    Holding a claim recited sufficient structure where the limitation was "positioning means" and the claim "provid[ed] a list of the structure underlying the means"

  5. 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

  6. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,386 times   1048 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

  8. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,012 times   1009 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  9. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 550 times   896 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  10. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 377 times   633 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  11. Section 4 - Restrictions on officers and employees as to interest in patents

    35 U.S.C. § 4   Cited 13 times

    Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. 35 U.S.C. § 4 July

  12. Section 10 - Publications

    35 U.S.C. § 10   Cited 1 times

    (a) The Director may publish in printed, typewritten, or electronic form, the following: 1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and

  13. Section 41.67 - Appellant's brief

    37 C.F.R. § 41.67   Cited 2 times

    (a) (1) Appellant(s) may once, within time limits for filing set forth in § 41.66 , file a brief and serve the brief on all other parties to the proceeding in accordance with § 1.903 of this title. (2) The brief must be signed by the appellant, or the appellant's duly authorized attorney or agent and must be accompanied by the requisite fee set forth in § 41.20(b)(2) . (b) An appellant's appeal shall stand dismissed upon failure of that appellant to file an appellant's brief, accompanied by the requisite

  14. Section 1.956 - Patent owner extensions of time in inter partes reexamination

    37 C.F.R. § 1.956   Cited 1 times

    The time for taking any action by a patent owner in an inter partes reexamination proceeding will be extended only for sufficient cause and for a reasonable time specified. Any request for such extension must be filed on or before the day on which action by the patent owner is due, but in no case will the mere filing of a request effect any extension. Any request for such extension must be accompanied by the petition fee set forth in § 1.17(g) . See § 1.304(a) for extensions of time for filing a