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Ex parte Jardine et al.

08265585 (B.P.A.I. May. 29, 1998)
Ex parte Jardine et al.

4 Cited authorities

  1. W.L. Gore Associates, Inc. v. Garlock

    721 F.2d 1540 (Fed. Cir. 1983)   Cited 326 times   7 Legal Analyses
    Holding the district court erred by "considering the references in less than their entireties, i.e., in disregarding disclosures in the references that diverge from and teach away from the invention at hand"

  2. Para-Ordnance Manufacturing, Inc. v. SGS Importers International, Inc.

    73 F.3d 1085 (Fed. Cir. 1995)   Cited 80 times
    Explaining that "[f]rom the decision of the district court, we can, and do, accept the implicit fact-finding"

  3. In re Sernaker

    702 F.2d 989 (Fed. Cir. 1983)   Cited 73 times
    Stating that the district court could also determine whether the prior art offers a motivation to combine based on "whether a combination of the teachings of all or any of the references would have suggested (expressly or by implication) the possibility of achieving further improvement by combining such teachings along the line of the invention in suit"

  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."