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Ex parte Gompertz et al.

08489257 (B.P.A.I. May. 28, 1998)
Ex parte Gompertz et al.

10 Cited authorities

  1. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 395 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  2. In re Wright

    999 F.2d 1557 (Fed. Cir. 1993)   Cited 91 times   5 Legal Analyses
    Relying on art published five years after filing date to show what was "sufficiently unpredictable" as of filing date

  3. U.S. v. Telectronics, Inc.

    857 F.2d 778 (Fed. Cir. 1988)   Cited 89 times
    Holding that district court cannot construct limitations of a broader claim so that they are the same as the limitations of a narrower claim

  4. In re Kaslow

    707 F.2d 1366 (Fed. Cir. 1983)   Cited 74 times
    Holding that prior demonstration of computerized supermarket UPC code system was prior use under meaning of Section 102(b)

  5. In re Wilder

    736 F.2d 1516 (Fed. Cir. 1984)   Cited 48 times
    Finding reissue declaration's assertion of attorney error sufficient

  6. Application of Moore

    439 F.2d 1232 (C.C.P.A. 1971)   Cited 46 times
    Noting that the question is whether the scope of enablement conveyed by the disclosure to a person of ordinary skill in the art is commensurate with the scope of protection taught by the claims

  7. Application of Marzocchi

    439 F.2d 220 (C.C.P.A. 1971)   Cited 42 times
    Involving the enablement requirement of 35 U.S.C. § 112, first paragraph

  8. Application of Bowen

    492 F.2d 859 (C.C.P.A. 1974)   Cited 16 times
    Describing single embodiment may enable other predictable, undisclosed embodiments, but not unpredictable ones

  9. Application of Stephens

    529 F.2d 1343 (C.C.P.A. 1976)   Cited 5 times

    Patent Appeal No. 75-599. February 19, 1976. Charles E. Wills, Los Angeles, Cal. (Wills, Green Mueth, Los Angeles, Cal.), attorneys of record, for appellants. 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 Board of

  10. 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