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Ex Parte Henshaw et al

09621234 (B.P.A.I. Apr. 12, 2010)
Ex Parte Henshaw et al

6 Cited authorities

  1. North American Container v. Plastipak Pack

    415 F.3d 1335 (Fed. Cir. 2005)   Cited 119 times   2 Legal Analyses
    Holding that recapture rule applied to reissued claims that had been “enlarged” and were not “materially narrowed in other respects”

  2. Yoon Ja Kim v. Conagra Foods, Inc.

    465 F.3d 1312 (Fed. Cir. 2006)   Cited 66 times   1 Legal Analyses
    Holding that noninfringement of dependent claims, "necessarily follows" a finding of noninfringement of independent claims

  3. Hester Industries, Inc. v. Stein, Inc.

    142 F.3d 1472 (Fed. Cir. 1998)   Cited 49 times
    Finding patentee's repeated arguments regarding the limitations constituted an admission that the limitations were necessary to overcome the prior art and the reissue claims impermissibly recaptured surrendered subject matter

  4. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   73 Legal Analyses
    Describing the reissue of defective patents

  5. 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"

  6. 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