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Ex parte Herr et al.

08273767 (B.P.A.I. Sep. 16, 1998)
Ex parte Herr et al.

12 Cited authorities

  1. Wied v. Valhi, Inc.

    465 U.S. 1026 (1984)   Cited 260 times
    Stating that "[t]o demand a slavish adherence to the procedural sequence and to require these defendants, in this case, to articulate the words of renewal once the motion had been taken under advisement, would be 'to succumb to a nominalism and a rigid trial scenario as equally at variance as ambush with the spirit of the rules.'"

  2. In re Paulsen

    30 F.3d 1475 (Fed. Cir. 1994)   Cited 232 times   3 Legal Analyses
    Holding an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "'set out his uncommon definition in some manner within the patent disclosure' so as to give one of ordinary skill in the art notice of the change" in meaning

  3. Kalman v. Kimberly-Clark Corp.

    713 F.2d 760 (Fed. Cir. 1983)   Cited 111 times
    In Kalman, this court determined that the district court's fact finding of identity of invention (reached after a four day bench trial) was not clearly erroneous, and that "the stipulation by the parties, coupled with [Kimberly Clark's] failure to counter Kalman's affidavits and evidence submitted in his motion for summary judgment" dictated a finding of infringement.

  4. In re Spada

    911 F.2d 705 (Fed. Cir. 1990)   Cited 58 times   1 Legal Analyses
    Holding that the claims were properly rejected by the PTO because they were anticipated by a prior art reference

  5. RCA Corp. v. Applied Digital Data Systems, Inc.

    730 F.2d 1440 (Fed. Cir. 1984)   Cited 57 times
    Holding that dependent claim "cannot be anticipated" where the independent claim "is not anticipated"

  6. Application of Boesch

    617 F.2d 272 (C.C.P.A. 1980)   Cited 17 times

    Appeal No. 79-597. March 13, 1980. Rehearing Denied July 3, 1980. Robert F. Dropkin and Vincent G. Gioia, Pittsburgh, Pa., attorneys of record for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and MALETZ, Judges. The Honorable Herbert N. Maletz of the United States Customs Court, sitting

  7. In re Boe

    355 F.2d 961 (C.C.P.A. 1966)   Cited 26 times

    Patent Appeal No. 7535. February 17, 1966. Burgess, Dinklage Sprung, Arnold Sprung, New York City, for appellant. Clarence W. Moore, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. SMITH, Judge. The Board of Appeals affirmed the examiner's rejection of claims 9, 11 and 12 of appellant's application for patent Serial No. 845,743, filed August 12, 1959, for "Highly Porous And Absorptive

  8. Application of Preda

    401 F.2d 825 (C.C.P.A. 1968)   Cited 5 times   1 Legal Analyses

    Patent Appeal No. 8016. October 24, 1968. Wenderoth, Lind Ponack, A. Ponak, Washington, D.C. (John T. Miller, Washington, D.C., of counsel) for appellant. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge and RICH, SMITH, ALMOND, and BALDWIN, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 7 and 8 of application serial No. 269,707

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,363 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 6,130 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 5,997 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 1.136 - 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)