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Ex Parte Kwan

24 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,575 times   189 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 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. IPXL Holdings, L.L.C. v. Amazon.com, Inc.

    430 F.3d 1377 (Fed. Cir. 2005)   Cited 267 times   15 Legal Analyses
    Holding claims at issue as indefinite because they simultaneously claimed an apparatus and method steps

  4. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 397 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  5. Lockwood v. American Airlines, Inc.

    107 F.3d 1565 (Fed. Cir. 1997)   Cited 305 times   6 Legal Analyses
    Holding that "[e]ach application in the chain must describe the claimed features" and that if "one of the intervening applications does not describe" the subject matter, the later application cannot claim the benefit of the earlier application

  6. Brown v. 3M

    265 F.3d 1349 (Fed. Cir. 2001)   Cited 180 times   1 Legal Analyses
    Holding that the claims did "not require elaborate interpretation"

  7. Brooktree Corp. v. Advanced Micro Devices

    977 F.2d 1555 (Fed. Cir. 1993)   Cited 194 times   4 Legal Analyses
    Holding that even where the infringer had not yet begun to actually sell the infringing product, "losses incurred upon announcement by [the infringer] of the infringing activity may be included [in lost profits damages], when the losses are found to be reasonably related to the infringing activity"

  8. 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

  9. Verdegaal Bros., v. Union Oil Co. of Calif

    814 F.2d 628 (Fed. Cir. 1987)   Cited 138 times   2 Legal Analyses
    Holding reliance on non-claimed distinction between prior art method and claimed method "inappropriate" and insufficient to save the claim from inherent anticipation

  10. Eiselstein v. Frank

    52 F.3d 1035 (Fed. Cir. 1995)   Cited 52 times   2 Legal Analyses
    Holding a specification's description of 45 to 55 percent insufficient written description support for a claimed range of 50 to 60 percent

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,420 times   1069 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

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

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  13. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  14. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,547 times   2302 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  15. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  16. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  17. Section 24 - Subpoenas, witnesses

    35 U.S.C. § 24   Cited 87 times   9 Legal Analyses
    Providing for the issuance of subpoenas in contested cases before the PTO

  18. Section 7 - Library

    35 U.S.C. § 7   Cited 54 times   2 Legal Analyses
    Giving the Commissioner power to designate "at least three members of the Board of Appeals and Interferences" to review "adverse decisions of examiners upon applications for patents"

  19. Section 102 - Repealed

    2 U.S.C. § 102

    2 U.S.C. § 102 Pub. L. 104-186, title II, §204(52), Aug. 20, 1996, 110 Stat. 1737 Section, R.S. §§60, 61; Pub. L. 86-628, §105(c), July 12, 1960, 74 Stat. 461, required submission by Secretary of Senate and Clerk of House to two Houses of statements as to persons employed and as to expenditures and balances on hand and providing for printing of such reports as Senate and House documents. See sections 4108 and 5535 of this title.

  20. Section 14 - Renumbered

    35 U.S.C. § 14

    Renumbered §13 35 U.S.C. § 14

  21. 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)