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Ex Parte Kerwin et al

10461839 (B.P.A.I. Jun. 25, 2009)
Ex Parte Kerwin et al

4 Cited authorities

  1. In re Kumar

    418 F.3d 1361 (Fed. Cir. 2005)   Cited 34 times   2 Legal Analyses
    Finding that a new ground of rejection exists when the Board relies on new fact findings which had not been previously advanced by the examiner about an existing prior art reference

  2. Application of Kronig

    539 F.2d 1300 (C.C.P.A. 1976)   Cited 18 times
    Holding no new ground of rejection when the Board relied on the same statutory basis and the same reasoning advanced by the examiner

  3. Application of Waymouth

    486 F.2d 1058 (C.C.P.A. 1974)   Cited 11 times
    Holding that a new rejection had occurred where the examiner and the board rejected a claim for different reasons

  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."