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Ex parte Cain

9 Cited authorities

  1. In re Beattie

    974 F.2d 1309 (Fed. Cir. 1992)   Cited 61 times   2 Legal Analyses
    Holding that an alternative to a well-entrenched theory does not preclude a finding of obviousness because the recommendation of a new system "does not require obliteration of another"

  2. In re Fritch

    972 F.2d 1260 (Fed. Cir. 1992)   Cited 30 times
    Stating "dependent claims are nonobvious if the independent claims from which they depend are nonobvious"

  3. Application of Borst

    345 F.2d 851 (C.C.P.A. 1965)   Cited 36 times   2 Legal Analyses
    Holding that a reference "was clearly not publicly available during the period it was under secrecy classification"

  4. In re Pardo

    684 F.2d 912 (C.C.P.A. 1982)   Cited 7 times

    Appeal No. 81-619. August 5, 1982. Rene K. Pardo and Remy Landau, of Ontario, Canada, for appellants, pro se. Joseph F. Nakamura, Sol., Jere W. Sears, Deputy Sol., Washington, D.C., for Patent and Trademark Office. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER, and NIES, Associate Judges. MILLER, Judge. This is an ex parte pro se appeal from a decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming

  5. Application of Spormann

    363 F.2d 444 (C.C.P.A. 1966)   Cited 22 times   2 Legal Analyses

    Patent Appeal No. 7599. July 21, 1966. Herbert B. Keil, Matthew C. Thompson, Chicago, Ill., for appellants. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for Commissioner of Patents. Before RICH, Acting Chief Judge, MARTIN, SMITH and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief Judge WORLEY, pursuant to provisions of Section 294(d)

  6. Application of Cofer

    354 F.2d 664 (C.C.P.A. 1966)   Cited 15 times

    Patent Appeal No. 7449. January 13, 1966. James H. Parker, Emeryville, Cal., Edward B. Beale, Washington, D.C. (Martin S. Baer, Emeryville, Cal., of counsel), for appellants. Clarence W. Moore, Washington, D.C. (Joseph Schimmel, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. WORLEY, Chief Judge. This appeal is from the decision of the Board of Appeals affirming the examiner's rejection of claims 1 and 8 in appellant's

  7. Application of Ahlert

    424 F.2d 1088 (C.C.P.A. 1970)   Cited 8 times   1 Legal Analyses
    Requiring that applicants be given “the opportunity to challenge the correctness of the assertion or the notoriety or repute of the cited reference”

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

    35 U.S.C. § 103   Cited 6,130 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."

  9. 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