§

Ex Parte Drewniak et al

11322421 (B.P.A.I. Apr. 16, 2010)
Ex Parte Drewniak et al

15 Cited authorities

  1. In re Baxter Travenol Labs

    952 F.2d 388 (Fed. Cir. 1991)   Cited 96 times   3 Legal Analyses
    Evaluating teaching of prior art at the time of disclosure

  2. In re De Blauwe

    736 F.2d 699 (Fed. Cir. 1984)   Cited 49 times   1 Legal Analyses

    Appeal No. 84-513. June 8, 1984. Jeffrey G. Sheldon, Pasadena, Cal., argued for appellants. John F. Pitrelli, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., and John W. Dewhirst, Associate Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Board of Appeals. Before BENNETT, Circuit Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge. JACK R. MILLER, Circuit Judge. This appeal is from that part of the decision of the

  3. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 46 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  4. In re Grasselli

    713 F.2d 731 (Fed. Cir. 1983)   Cited 19 times
    Concluding that unexpected results “limited to sodium only” were not commensurate in scope with claims to a catalyst having “an alkali metal”

  5. In re Clemens

    622 F.2d 1029 (C.C.P.A. 1980)   Cited 16 times   2 Legal Analyses
    Finding narrow range of data could not “be reasonably extended to prove the unobviousness of a broader claimed range”

  6. In re Self

    671 F.2d 1344 (C.C.P.A. 1982)   Cited 6 times

    Appeal No. 81-542. February 18, 1982. Rehearing Denied April 22, 1982. Roland T. Bryan, Stamford, Conn., for appellant. Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., Washington, D.C., for Patent and Trademark Office. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. RICH, Judge. This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board)

  7. Application of Freeman

    474 F.2d 1318 (C.C.P.A. 1973)   Cited 13 times

    Patent Appeal No. 8798. March 8, 1973. Richard P. Mueller, William J. Schramm, Niagara Falls, N.Y., attorneys of record, for appellants. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals sustaining the examiner's rejection of all

  8. Application of Klosak

    455 F.2d 1077 (C.C.P.A. 1972)   Cited 6 times

    Patent Appeal No. 8582. March 9, 1972. Charles W. B. Connors, Chicago, Ill. (Johnston, Root, O'Keeffe, Keil, Thompson Shurtleff, Chicago, Ill.), attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., son Shurtleff), Chicago, Ill., attorneys E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals

  9. Application of Young

    403 F.2d 754 (C.C.P.A. 1968)   Cited 4 times

    Patent Appeal No. 8058. December 5, 1968. Ralph L. Young, pro se, James W. Dent, Donald J. Rich, Washington, D.C., for appellants. Joseph Schimmel, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge and RICH, SMITH, ALMOND, and BALDWIN, Judges. BALDWIN, Judge. This appeal is from the decision of the Board of Appeals, affirming the examiner's rejection of claims 14 and 16-18 in appellants' application for "Filters" as unpatentable

  10. Application of Kunzmann

    326 F.2d 424 (C.C.P.A. 1964)   Cited 3 times

    Patent Appeal No. 7038. January 23, 1964. George H. Spencer, Harvey Kaye, Spencer Kaye, Washington, D.C., for appellant. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, and ALMOND, Judges. SMITH, Judge. The issue presented by this appeal is whether the Patent Office Board of Appeals was correct in holding that claims 8, 9, 14-18 and 20-23 of appellant's application were directed to a structure

  11. 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."

  12. 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"

  13. 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

  14. Section 1.136 - 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)