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Ex Parte Laughon

09810385 (B.P.A.I. Oct. 27, 2009)
Ex Parte Laughon

16 Cited authorities

  1. Amgen Inc. v. Hoechst Marion Roussel, Inc.

    314 F.3d 1313 (Fed. Cir. 2003)   Cited 508 times   14 Legal Analyses
    Holding that “non-naturally occurring” and “not isolated” were structural elements defining the source of the claimed material, rather than steps for obtaining it

  2. 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

  3. 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

  4. Amgen, Inc. v. Chugai Pharmaceutical Co. LTD

    927 F.2d 1200 (Fed. Cir. 1991)   Cited 274 times   11 Legal Analyses
    Holding that the term "at least about" was indefinite because the patent provided no guidance as to where the line should be drawn between the numerical value of the prior art cited in the prosecution history and the close numerical value in the patent

  5. Shatterproof Glass Corp. v. Libbey-Owens Ford Co.

    758 F.2d 613 (Fed. Cir. 1985)   Cited 211 times   3 Legal Analyses
    Finding “substantial evidence on which a reasonable jury could have found that the inventors were correctly named” despite conflicting trial testimony

  6. Union Oil of Cal. v. Atlantic Richfield

    208 F.3d 989 (Fed. Cir. 2000)   Cited 77 times   2 Legal Analyses
    Concluding that the application need only contain information sufficient for “persons of ordinary skill in the art to recognize that [the inventor] invented what is claimed”

  7. Reiffin v. Microsoft Corp.

    214 F.3d 1342 (Fed. Cir. 2000)   Cited 75 times
    In Reiffin v. Microsoft Corp., 214 F.3d 1342, 1345-46 (Fed. Cir. 2000), the court explained the need "to ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor's contribution to the field of art as described in the patent specification."

  8. In re Gosteli

    872 F.2d 1008 (Fed. Cir. 1989)   Cited 78 times   2 Legal Analyses
    Holding that “[t]he CCPA's later decisions control because that court always sat en banc”

  9. In re Kaslow

    707 F.2d 1366 (Fed. Cir. 1983)   Cited 75 times
    Holding that prior demonstration of computerized supermarket UPC code system was prior use under meaning of Section 102(b)

  10. In re Rasmussen

    650 F.2d 1212 (C.C.P.A. 1981)   Cited 46 times
    Concluding that the generic step of "adheringly applying" one layer to an adjacent layer satisfied the written description requirement, because "one skilled in the art who read specification would understand that it is unimportant how the layers are adhered, so long as they are adhered."

  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 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"

  13. 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