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Ex Parte Hollowell et al

13872178 (P.T.A.B. Sep. 15, 2017)
Ex Parte Hollowell et al

17 Cited authorities

  1. Invitrogen Corp. v. Clontech Laboratories

    429 F.3d 1052 (Fed. Cir. 2005)   Cited 207 times   8 Legal Analyses
    Holding that a witness's conclusory assertion that the evidence demonstrated "conception, diligence and reduction to practice" did not carry a party's burden on summary judgment

  2. Geneva Pharmaceuticals v. Glaxosmithkline

    349 F.3d 1373 (Fed. Cir. 2003)   Cited 139 times   11 Legal Analyses
    Holding that later patent claiming pharmaceutical composition was obvious variant of earlier patent claiming pharmaceutical composition with "enhanced storage stability, the closed container, the packaged unit-dosages"

  3. Howmedica Osteonics v. Tranquil Prospects

    401 F.3d 1367 (Fed. Cir. 2005)   Cited 25 times
    Finding that "references to the 'cross-sectional area' in the discussion between the examiner and the applicant at a later time are relevant to the meaning of 'traverse sectional dimensions' to one of skill in the art at the earlier time of filing"

  4. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 29 times
    Affirming § 103 rejection when § 102 rejection would also have been appropriate

  5. Application of Knowlton

    481 F.2d 1357 (C.C.P.A. 1973)   Cited 14 times

    Patent Appeal No. 8896. July 26, 1973. Robert O. Nimtz, Murray Hill, N.J., attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1-22, all the claims in appellant's

  6. Application of Hammack

    427 F.2d 1378 (C.C.P.A. 1970)   Cited 12 times
    Finding claims invalid for indefiniteness where claims “serv[ed] as a shadowy framework upon which are located words lacking in precise referents in the specification”

  7. Application of Watson

    517 F.2d 465 (C.C.P.A. 1975)   Cited 7 times
    Finding claim term "suitable" not indefinite

  8. Application of Venezia

    530 F.2d 956 (C.C.P.A. 1976)   Cited 4 times

    Patent Appeal No. 75-601. March 11, 1976. Donald R. Dunner, Lane, Aitken, Dunner Ziems, Washington, D.C., atty. of record, for appellant; S. Michael Bender, Richard A. Craig, New York City, Arthur Jacob, Hackensack, N. Y., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Thomas E. Lynch, 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. LANE, Judge. This

  9. Application of Goffe

    526 F.2d 1393 (C.C.P.A. 1975)   Cited 2 times

    Patent Appeal No. 75-562. December 18, 1975. David C. Petre, Rochester, N. Y., attorney of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Robert D. Edmonds, 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. LANE, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejections

  10. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,386 times   1048 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

  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,143 times   481 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."

  12. Section 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 455 times   91 Legal Analyses
    Imposing no such requirement

  13. 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"

  14. 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

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. 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)

  17. Section 41.52 - Rehearing

    37 C.F.R. § 41.52   Cited 7 times   9 Legal Analyses

    (a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by