Ex Parte Barber et al

14 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,853 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. Catalina Market. Intern. v. Coolsavings.com

    289 F.3d 801 (Fed. Cir. 2002)   Cited 660 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. Abbott Laboratories v. Sandoz, Inc.

    544 F.3d 1341 (Fed. Cir. 2008)   Cited 187 times   5 Legal Analyses
    Holding as conditions in which "obvious to try" may negate patentability, "the problem is known, the possible approaches to solving the problem are known and finite, and the solution is predictable through use of a known option"
  4. In re Chudik

    851 F.3d 1365 (Fed. Cir. 2017)   Cited 9 times   2 Legal Analyses
    Reversing the Board's anticipation rejection during examination and concluding from the prior art figures that the references do not disclose the relevant limitations without modification, and noting that, "[t]hough our review of an anticipation finding is deferential, we have not hesitated to reverse the Board when substantial evidence does not support its findings"
  5. Topliff v. Topliff

    145 U.S. 156 (1892)   Cited 220 times   4 Legal Analyses
    Affirming decree of lower courts in enhancing damages for patent infringement where infringer knowingly sold copied technology of his former employer
  6. In re Wells

    53 F.2d 537 (C.C.P.A. 1931)   Cited 4 times   3 Legal Analyses

    Patent Appeal No. 2782. November 27, 1931. Appeal from the Board of Patent Appeals. Application for patent by Lennie Wells. From a decision rejecting certain claims, applicant appeals. Affirmed as to certain claims, and reversed as to certain other claims. Fred H. Hayn, of Los Angeles, Cal., for appellant. T.A. Hostetler, of Washington, D.C. (Howard S. Miller, of Washington, D.C., of counsel), for Commissioner of Patents. Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT,

  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 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,143 times   481 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."
  9. 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"
  10. 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"
  11. 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

  12. Section 1.75 - Claim(s)

    37 C.F.R. § 1.75   Cited 112 times   12 Legal Analyses
    Setting forth proper drafts for independent and dependent claims
  13. Section 1.181 - Petition to the Director

    37 C.F.R. § 1.181   Cited 52 times   18 Legal Analyses
    Allowing for petitions invoking the Director's supervisory authority
  14. Section 1.83 - Content of drawing

    37 C.F.R. § 1.83   Cited 13 times   3 Legal Analyses

    (a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that