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Ex parte DOLGAS et al.

08430580 (B.P.A.I. Aug. 26, 1998)
Ex parte DOLGAS et al.

5 Cited authorities

  1. Johnston v. Ivac Corp.

    885 F.2d 1574 (Fed. Cir. 1989)   Cited 266 times
    Holding that Section 112 "operates to cut back on the types of means which could literally satisfy the claim language" and thereby "restricts the scope of the literal claim language" by requiring the structures to appear in the specification

  2. In re Donaldson Co., Inc.

    16 F.3d 1189 (Fed. Cir. 1994)   Cited 206 times   6 Legal Analyses
    Holding that 35 U.S.C. § 112 ¶ 6, which limits means-plus-function claims to the structures described in the specification and their equivalents, "applies regardless of the context in which the interpretation of means-plus-function language arises, i.e., whether as part of a patentability determination in the PTO or as part of a validity or infringement determination in a court"

  3. 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"

  4. 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

  5. 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."