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Ex Parte Kim et al

09725933 (B.P.A.I. Jun. 6, 2009)
Ex Parte Kim et al

16 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,179 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Brown v. 3M

    265 F.3d 1349 (Fed. Cir. 2001)   Cited 178 times   1 Legal Analyses
    Holding that the claims did "not require elaborate interpretation"

  4. Richardson v. Suzuki Motor Co., LTD

    868 F.2d 1226 (Fed. Cir. 1989)   Cited 181 times   4 Legal Analyses
    Finding an equitable remedy appropriate for wrongful appropriation of intellectual property

  5. In re Bond

    910 F.2d 831 (Fed. Cir. 1990)   Cited 57 times   1 Legal Analyses
    Finding that, since "structural equivalency ... is a question of fact," where the Board made no finding as to structural equivalency, this Court would "not reach that question in the first instance" and instead vacate and remand

  6. Okajima v. Bourdeau

    261 F.3d 1350 (Fed. Cir. 2001)   Cited 26 times   1 Legal Analyses
    Discussing how the prior art typically informs the question of the level of one of ordinary skill

  7. 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."

  8. 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"

  9. 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"

  10. 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

  11. Section 102 - Compensation of the President

    3 U.S.C. § 102   Cited 15 times   2 Legal Analyses

    The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall

  12. Section 8 - Classification of patents

    35 U.S.C. § 8   Cited 5 times

    The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed. 35 U.S.C. § 8 July 19, 1952, ch. 950, 66 Stat. 794, §9; renumbered §8 and amended Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat

  13. Section 102 - Primary duties

    14 U.S.C. § 102   Cited 2 times

    The Coast Guard shall- (1) enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States; (2) engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; (3) administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the

  14. Section 10 - Publications

    35 U.S.C. § 10   Cited 1 times

    (a) The Director may publish in printed, typewritten, or electronic form, the following: 1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and

  15. Section 103, 104 - Omitted

    2 U.S.C. § 103, 104

    2 U.S.C. § 103, 104 EDITORIAL NOTES CODIFICATIONSection 103, R.S. §62, authorized Secretary of Senate and Clerk of House to require disbursing officers subject to their authority to return analytical statements and receipts for expenditures and to communicate such returns annually to Congress. See sections 4108 and 5535 of this title.Section 104, R.S. §63, required that all expenditures of Senate and House be made up to end of each fiscal year and reported to Congress at beginning of each regular

  16. Section 103 - Use of appropriated funds

    6 U.S.C. § 103

    Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter. 6 U.S.C. § 103 Pub. L.