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Ex Parte Hauck et al

13762074 (P.T.A.B. Feb. 1, 2019)
Ex Parte Hauck et al

11 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,875 times   167 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  2. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,393 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  3. Superguide Corp. v. Directv Enterprises

    358 F.3d 870 (Fed. Cir. 2004)   Cited 308 times   12 Legal Analyses
    Holding that a party "waived its right to assert a construction other than 'matches or equals' for the term 'meet'" because it agreed to that construction in its briefs

  4. Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc.

    334 F.3d 1294 (Fed. Cir. 2003)   Cited 159 times   1 Legal Analyses
    Holding that "the correct meaning of a word or phrase is informed only by considering the surrounding text. . . . [R]esort must always be made to the surrounding text of the claims in question, the other claims, the written description and the prosecution history."

  5. Agfa Corp. v. Creo Products Inc.

    451 F.3d 1366 (Fed. Cir. 2006)   Cited 88 times   1 Legal Analyses
    Holding that the trial court permissibly rendered unenforceable the '324 patent due to inequitable conduct found with regard to its patent because "[t]he '324 patent is a continuation . . . of the '014 patent [and the plaintiff] has not suggested that the '324 patent claims subject matter sufficiently distinct from its parent"

  6. In re Smith Int'l, Inc.

    871 F.3d 1375 (Fed. Cir. 2017)   Cited 15 times   3 Legal Analyses
    Reversing an anticipation rejection because it was predicated on an unreasonably broad claim construction

  7. In re Cortright

    165 F.3d 1353 (Fed. Cir. 1999)   Cited 35 times   1 Legal Analyses
    Noting that the patent's written description must "illuminate a credible utility" to meet the enablement requirement

  8. In re Thrift

    298 F.3d 1357 (Fed. Cir. 2002)   Cited 12 times   1 Legal Analyses
    Vacating a board decision because it “failed to provide an adequate ground” for rejecting a claim

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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

  11. Section 1.136 - [Effective until 1/19/2025] 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)