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Ex parte DUTOT

15 Cited authorities

  1. Merck Co. v. Biocraft Laboratories, Inc.

    493 U.S. 975 (1989)   Cited 98 times
    Noting that Massachusetts has not adopted good faith doctrine of United States v. Leon

  2. Moleculon Research Corp. v. CBS, Inc.

    793 F.2d 1261 (Fed. Cir. 1986)   Cited 272 times   2 Legal Analyses
    Holding that sales of product with instructions to use product in an infringing manner may constitute circumstantial evidence that customers would use the product in the manner directed

  3. Atlas Powder Co. v. E.I. du Pont De Nemours & Co.

    750 F.2d 1569 (Fed. Cir. 1984)   Cited 242 times   6 Legal Analyses
    Finding of enablement is not precluded even if some experimentation is necessary, although the amount of experimentation needed must not be unduly extensive

  4. Merck Co., Inc. v. Biocraft Laboratories

    874 F.2d 804 (Fed. Cir. 1989)   Cited 47 times   2 Legal Analyses
    Holding that the prior art's disclosure of a multitude of combinations failed to render any particular formulation less obvious

  5. In re Zletz

    893 F.2d 319 (Fed. Cir. 1990)   Cited 42 times   3 Legal Analyses
    Holding that claims failing this test during prosecution must be rejected under § 112, ¶ 2

  6. Application of Best

    562 F.2d 1252 (C.C.P.A. 1977)   Cited 18 times   4 Legal Analyses

    Patent Appeal No. 77-509. October 13, 1977. Richard G. Miller, New York City, attorney of record, for appellants, James C. Arvantes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, C.J., RICH, BALDWIN and LANE, JJ., and FORD, J., United States Customs Court. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark

  7. Application of Lamberti

    545 F.2d 747 (C.C.P.A. 1976)   Cited 16 times

    Patent Appeal No. 76-610. December 9, 1976. Kenneth F. Dusyn, atty. of record, for appellants; Melvin H. Kurtz and M. Ted Raptes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board

  8. Application of Brown

    459 F.2d 531 (C.C.P.A. 1972)   Cited 18 times

    Patent Appeal No. 8621. May 18, 1972. William C. Long, David Dick, New York City, attorneys of record, for appellants. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before RICH, ALMOND, BALDWIN and LANE, Judges, and RAO, Judge, United States Customs Court, sitting by designation. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's

  9. In re Wilder

    429 F.2d 447 (C.C.P.A. 1970)   Cited 13 times

    Patent Appeal No. 8194. August 13, 1970. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant; Stevens, Davis, Miller Mosher, Arlington, Va., of counsel. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Before RICH, BALDWIN, and LANE, Judges, and JONES, Senior Judge, United States Court of Claims, sitting by designation. BALDWIN, Judge. Wilder has appealed from the decision of the Patent Office Board of Appeals which

  10. In re Herz

    537 F.2d 549 (C.C.P.A. 1976)   Cited 5 times   1 Legal Analyses
    Noting that the transitional phrase "consisting essentially of" permits some additional elements, but excludes additional unspecified materials or steps that would "materially affect the basic and novel characteristic" of the claimed invention

  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 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  13. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 269 times   70 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  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