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Ex Parte Gillis et al

11645918 (P.T.A.B. Mar. 4, 2013)
Ex Parte Gillis et al

14 Cited authorities

  1. K-2 Corporation v. Salomon S.A

    191 F.3d 1356 (Fed. Cir. 1999)   Cited 275 times   1 Legal Analyses
    Holding "said non-rigid shoe portion being permanently affixed to said base portion at least at said toe area and said heel area for substantially preventing movement therebetween at least in a horizontal plane" was a claim limitation that required the attachment to prevent the bootie from sliding around on top of the base and that the limitation spoke to the structural requirements of the attachment

  2. Nazomi Communications, Inc. v. Arm Holdings, PLC

    403 F.3d 1364 (Fed. Cir. 2005)   Cited 194 times   1 Legal Analyses
    Holding that a claim may “embrac[e] different subject matter than is illustrated in the specific embodiments in the specification”

  3. In re Schreiber

    128 F.3d 1473 (Fed. Cir. 1997)   Cited 150 times   2 Legal Analyses
    Holding that once the Examiner established a prima facie case of anticipation, the burden of proof was properly shifted to the inventor to rebut the finding of inherency

  4. Pfizer, Inc. v. Ranbaxy Laboratories Ltd.

    457 F.3d 1284 (Fed. Cir. 2006)   Cited 93 times   3 Legal Analyses
    Holding a claim invalid under pre-AIA 35 U.S.C. § 112 ¶ 4 for claiming subject matter that was “non-overlapping” with the claim from which it depended

  5. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  6. Ex Parte Porter

    827 S.W.2d 324 (Tex. Crim. App. 1992)   Cited 41 times
    Holding that the State need only allege in an indictment that defendant forged a writing with intent to defraud or harm another and that additional language, including language from section 32.21 of the penal code, in the forgery allegation contained in the indictment is surplusage

  7. Pfizer Inc. v. Ranbaxy Laboratories Ltd.

    405 F. Supp. 2d 495 (D. Del. 2005)   Cited 17 times

    Civil Action No. 03-209-JJF. December 16, 2005. Rudolf E. Hutz, Esquire, Jeffrey B. Bove, Esquire, Collins J. Seitz, Jr., Esquire and Mary W. Bourke, Esquire of Connoly Bove Lodge Hutz LLP, Wilmington, DE, for Plaintiffs. Steven J. Balick, Esquire and John G. Day, Esquire of Ashby Geddes, Wilmington, DE, of Counsel: Darrell L. Olson, Esquire, John P. Giezentanner, Esquire, Douglas G. Muehlhauser, Esquire, William R. Zimmerman, Esquire, Payson LeMeilleur, Esquire, Sheila N. Swaroop, Esquire, Darryl

  8. Application of Kuehl

    475 F.2d 658 (C.C.P.A. 1973)   Cited 23 times

    Patent Appeal No. 8815. March 22, 1973. James F. Woods, New York City, attorney of record for appellant. Oswald G. Hayes, Raymond W. Barclay, New York City, John F. Witherspoon, Arlington, Va. (Stevens, Davis, Miller Mosher), Arlington, Va., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Joseph F. Nakamura, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. RICH, Judge. This appeal is

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,374 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

  10. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,133 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."

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,005 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,499 times   2273 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