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Ex parte IYENGAR et al.

07826171 (B.P.A.I. Jul. 6, 1998)
Ex parte IYENGAR et al.

5 Cited authorities

  1. In re Borden

    90 F.3d 1570 (Fed. Cir. 1996)   Cited 27 times   9 Legal Analyses
    Affirming the Board's affirmance of an obviousness rejection where the examiner found "differences between the [prior art] and appellant's design had little or no effect on the overall appearance of the design"

  2. In re Harvey

    12 F.3d 1061 (Fed. Cir. 1993)   Cited 30 times   2 Legal Analyses
    Reversing a finding of obviousness under 35 U.S.C. § 103 because it "should have focused on actual appearances, rather than `design concepts'"

  3. In re Rosen

    673 F.2d 388 (C.C.P.A. 1982)   Cited 39 times   27 Legal Analyses
    Concluding that two glass coffee tables were “significantly different in concept” because the primary reference “does not give the same visual impression of lightness and suspension in space conveyed by appellant's table”

  4. 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."

  5. 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