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Ex Parte Brown et al

07937893 (B.P.A.I. Sep. 20, 2010)
Ex Parte Brown et al

5 Cited authorities

  1. In re Kaplan

    789 F.2d 1574 (Fed. Cir. 1986)   Cited 43 times
    Reversing PTO's rejection of claim for double patenting and noting that double patenting does not necessarily arise because a broad or generic claim reads on an invention defined by a narrower more specific claim in another patent

  2. Application of Sarett

    327 F.2d 1005 (C.C.P.A. 1964)   Cited 32 times
    Reversing rejections for obviousness-type double patenting because generic and specific claims may nonetheless be patently distinct

  3. 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"

  4. 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

  5. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by