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Ex Parte Davies et al

12878219 (P.T.A.B. Sep. 25, 2017)
Ex Parte Davies et al

7 Cited authorities

  1. Cias, Inc. v. Alliance Gaming Corp.

    504 F.3d 1356 (Fed. Cir. 2007)   Cited 102 times
    Holding that argument to PTO on reexamination constituted disavowal of claim scope even though “no amendments were made”

  2. Norian Corp. v. Stryker Corp.

    363 F.3d 1321 (Fed. Cir. 2004)   Cited 101 times   5 Legal Analyses
    Holding that “while ‘consisting of’ limits the claimed invention, it does not limit aspects unrelated to the invention”

  3. In re Gray

    53 F.2d 520 (C.C.P.A. 1931)   Cited 22 times   1 Legal Analyses
    Noting that a closed transition term excludes elements not specified in the claim

  4. 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."

  5. 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"

  6. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  7. Section 1.136 - [Effective until 1/19/2025] 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)