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Ex Parte DeYoung et al

12701850 (P.T.A.B. Feb. 7, 2018)
Ex Parte DeYoung et al

18 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,435 times   521 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Content Extraction & Transmission LLC v. Wells Fargo Bank

    776 F.3d 1343 (Fed. Cir. 2014)   Cited 618 times   21 Legal Analyses
    Holding claims directed to the "abstract idea of 1

  3. Electric Power Group, LLC v. Alstom S.A.

    830 F.3d 1350 (Fed. Cir. 2016)   Cited 551 times   39 Legal Analyses
    Holding that claims directed to "a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions" are directed to an abstract idea

  4. TLI Communications LLC v. AV Automotive, L.L.C.

    823 F.3d 607 (Fed. Cir. 2016)   Cited 421 times   23 Legal Analyses
    Holding that claims directed to a method for recording digital images on a telephone were not directed to an improvement to computer functionality because "they are directed to the use of conventional or generic technology in a nascent but well-known environment" without "describ[ing] a new telephone, a new server, or a new physical combination of the two" or "any technical details for the tangible components"

  5. Bancorp Servs., L.L.C. v. Sun Life Assurance Co. of Canada

    687 F.3d 1266 (Fed. Cir. 2012)   Cited 381 times   13 Legal Analyses
    Holding that the machine-or-transformation test remains an important clue in determining whether some inventions are processes under § 101

  6. Intellectual Ventures I LLC v. Capital One Bank (USA)

    792 F.3d 1363 (Fed. Cir. 2015)   Cited 325 times   13 Legal Analyses
    Holding "tailoring information based on [provided] data" is an abstract idea

  7. Cybersource Corp.. v. Retail Decisions Inc.

    654 F.3d 1366 (Fed. Cir. 2011)   Cited 283 times   22 Legal Analyses
    Holding that a claim whose "steps can be performed in the human mind, or by a human using a pen and paper" is directed to an "unpatentable mental process"

  8. Two-Way Media Ltd. v. Comcast Cable Commc'ns, LLC

    874 F.3d 1329 (Fed. Cir. 2017)   Cited 221 times   10 Legal Analyses
    Holding that "[t]he claim uses a conventional ordering of steps—first processing the data, then routing it, controlling it, and monitoring its reception—with conventional technology to achieve its desired result."

  9. Apple, Inc. v. Ameranth, Inc.

    842 F.3d 1229 (Fed. Cir. 2016)   Cited 114 times   10 Legal Analyses
    Holding claimed menu interface abstract because claimant "[did] not claim a particular way of programming or designing the software to create menus that have these features, but instead merely claim the resulting systems"

  10. Credit Acceptance Corp. v. Westlake Servs.

    859 F.3d 1044 (Fed. Cir. 2017)   Cited 92 times   15 Legal Analyses
    Holding that, under the now-expired scheme for covered business method patents, § 324(e) did not bar review of post-institution estoppel determinations under § 325(e)

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,394 times   1049 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

  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,519 times   2288 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  13. 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"

  14. 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

  15. 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

  16. 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)