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Ex parte Bilkadi

07857701 (B.P.A.I. Sep. 29, 1998)
Ex parte Bilkadi

9 Cited authorities

  1. In re Piasecki

    745 F.2d 1468 (Fed. Cir. 1984)   Cited 73 times   2 Legal Analyses
    Finding nonobviousness where the evidence demonstrated a failure of others to provide a feasible solution to a longstanding problem

  2. In re Berg

    140 F.3d 1428 (Fed. Cir. 1998)   Cited 38 times   3 Legal Analyses
    Affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus

  3. In re Nielson

    816 F.2d 1567 (Fed. Cir. 1987)   Cited 8 times   1 Legal Analyses

    Appeal No. 86-1692. Decided April 21, 1987. Philip A. Mallinckrodt, of Mallinckrodt Mallinckrodt, Salt Lake City, Utah, for appellant. Harris A. Pitlick, Associate Solicitor, Office of the Solicitor, Arlington, Va., for appellee. With him on the brief were Joseph F. Nakamura, Solicitor, and Fred E. McKelvey, Deputy Solicitor. Appeal from the Board of Patent Appeals and Interferences. Before SMITH, NEWMAN, and BISSELL, Circuit Judges. PAULINE NEWMAN, Circuit Judge. Patent applicant Jay P. Nielson

  4. In re Kroekel

    803 F.2d 705 (Fed. Cir. 1986)   Cited 7 times

    Appeal No. 86-721. October 14, 1986. Michael B. Fein, Rohm and Haas Co., Philadelphia, Pa., argued for appellants. With him on the brief was Carl W. Battle. Also on the brief was Rudolf E. Hutz, Connolly, Bove, Lodge Hutz, Wilmington, Del. Richard E. Schafer, Associate Sol., Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey. Appeal from the Board of Patent Appeals and Interferences. Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

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

    35 U.S.C. § 103   Cited 6,129 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."

  7. 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

  8. Section 1.192-1.196 - Reserved

    37 C.F.R. § 1.192-1.196   Cited 20 times   4 Legal Analyses
    Requiring "a statement . . . that the claims of the group do not stand or fall together," and an explanation "why the claims of the group are believed to be separately patentable"

  9. 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)