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Ex parte CHARLTON et al.

07963676 (B.P.A.I. Jul. 29, 1998)
Ex parte CHARLTON et al.

10 Cited authorities

  1. Application of Marzocchi

    439 F.2d 220 (C.C.P.A. 1971)   Cited 42 times
    Involving the enablement requirement of 35 U.S.C. § 112, first paragraph

  2. In re Watkinson

    900 F.2d 230 (Fed. Cir. 1990)   Cited 5 times   1 Legal Analyses

    No. 89-1537. March 30, 1990. Steven B. Kelber, Oblon, Spivak, McClelland, Maier Neustadt, P.C., Arlington, Va., argued for appellant. John W. Dewhirst, Associate Sol., Office of Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the Board of Patent Appeals and Interferences. Before ARCHER and MICHEL, Circuit Judges, and BALDWIN, Senior Circuit Judge. BALDWIN, Senior Circuit Judge. Sarah C. Watkinson (Watkinson) appeals the decision of the Board

  3. 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

  4. 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."

  5. Section 132 - Notice of rejection; reexamination

    35 U.S.C. § 132   Cited 309 times   47 Legal Analyses
    Prohibiting addition of "new matter"

  6. Section 121 - Divisional applications

    35 U.S.C. § 121   Cited 216 times   68 Legal Analyses
    Explaining that "the other invention [can be] made the subject of a divisional application"

  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 131 - Examination of application

    35 U.S.C. § 131   Cited 65 times   6 Legal Analyses
    Requiring examination of each application

  9. Section 7 - Library

    35 U.S.C. § 7   Cited 54 times   2 Legal Analyses
    Giving the Commissioner power to designate "at least three members of the Board of Appeals and Interferences" to review "adverse decisions of examiners upon applications for patents"

  10. Section 1.143 - Reconsideration of requirement

    37 C.F.R. § 1.143   Cited 4 times

    If the applicant disagrees with the requirement for restriction, he may request reconsideration and withdrawal or modification of the requirement, giving the reasons therefor. (See § 1.111 .) In requesting reconsideration the applicant must indicate a provisional election of one invention for prosecution, which invention shall be the one elected in the event the requirement becomes final The requirement for restriction will be reconsidered on such a request. If the requirement is repeated and made