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Ex Parte Grosmaire et al

11493132 (P.T.A.B. Oct. 10, 2018)
Ex Parte Grosmaire et al

10 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 603 times   78 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. Enzo Biochem, Inc. v. Gen-Probe Inc.

    323 F.3d 956 (Fed. Cir. 2002)   Cited 120 times   12 Legal Analyses
    Granting petition for rehearing and vacating prior panel decision reported at 285 F.3d 1013 (Fed. Cir. 2002)

  3. Chiron Corp. v. Genentech, Inc.

    363 F.3d 1247 (Fed. Cir. 2004)   Cited 95 times   5 Legal Analyses
    Holding that an earlier application must enable later claims that claim priority to the earlier filing date

  4. Centocor Ortho Biotech v. Abbott Lab

    636 F.3d 1341 (Fed. Cir. 2011)   Cited 71 times   11 Legal Analyses
    Holding claims invalid for inadequate written description and reversing the denial of a post-verdict motion for judgment as a matter of law

  5. Capon v. Eshhar

    418 F.3d 1349 (Fed. Cir. 2005)   Cited 68 times   5 Legal Analyses
    Holding it was error for the Board of Patent Appeals and Interferences to require "recitation in the specification of the nucleotide sequence of claimed DNA, when that sequence is already known in the field"

  6. Amgen Inc. v. Sanofi, Aventisub LLC

    872 F.3d 1367 (Fed. Cir. 2017)   Cited 33 times   21 Legal Analyses
    Applying Ariad to a claimed genus

  7. Noelle v. Lederman

    355 F.3d 1343 (Fed. Cir. 2004)   Cited 33 times   9 Legal Analyses
    In Noelle, the applicant claimed a human monoclonal antibody (or fragment thereof) secreted from a particular hybridoma that binds to an antigen expressed on activated T-cells. The application did not, however, disclose any structural information about the human antigen.

  8. 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

  9. 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"

  10. 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