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Ex Parte Mehta et al

13376284 (P.T.A.B. Mar. 6, 2017)
Ex Parte Mehta et al

14 Cited authorities

  1. In re Kubin

    561 F.3d 1351 (Fed. Cir. 2009)   Cited 134 times   10 Legal Analyses
    Finding patent invalid where an inherent benefit "is not an additional requirement imposed by the claims . . . but rather a property necessarily present" when the other limitations are satisfied

  2. In re Mayne

    104 F.3d 1339 (Fed. Cir. 1997)   Cited 38 times
    Finding a claimed enterokinase recognition sequence containing the amino acid sequence Phe–Pro–Leu was merely “an obvious functional equivalent” to prior art sequences that included arrangements of Phe–Pro–Ile and Leu–Pro–Leu

  3. In re De Blauwe

    736 F.2d 699 (Fed. Cir. 1984)   Cited 49 times   1 Legal Analyses

    Appeal No. 84-513. June 8, 1984. Jeffrey G. Sheldon, Pasadena, Cal., argued for appellants. John F. Pitrelli, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., and John W. Dewhirst, Associate Sol., Washington, D.C. Appeal from the United States Patent and Trademark Office Board of Appeals. Before BENNETT, Circuit Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge. JACK R. MILLER, Circuit Judge. This appeal is from that part of the decision of the

  4. In re Harris

    409 F.3d 1339 (Fed. Cir. 2005)   Cited 14 times
    Holding that unexpected results require a difference in kind, not merely degree (citing In re Huang, 100 F.3d 135, 139 (Fed. Cir. 1996))

  5. Application of Greenfield

    571 F.2d 1185 (C.C.P.A. 1978)   Cited 17 times
    Finding evidence of secondary considerations was not commensurate with the scope of the claims where evidence related to only one compound and there was no adequate basis to conclude that other compounds included within the scope of the claims would behave in the same manner

  6. Application of Lamberti

    545 F.2d 747 (C.C.P.A. 1976)   Cited 16 times

    Patent Appeal No. 76-610. December 9, 1976. Kenneth F. Dusyn, atty. of record, for appellants; Melvin H. Kurtz and M. Ted Raptes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board

  7. Application of Tiffin

    448 F.2d 791 (C.C.P.A. 1971)   Cited 21 times

    Patent Appeal No. 8502. October 7, 1971. Alvin Guttag, Washington, D.C., attorney of record, for appellants; William T. Bullinger, Washington, D.C., Sheldon F. Raizes, Wilmington, Del., Cushman, Darby Cushman, Washington, D.C., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. ON PETITION FOR REHEARING PER CURIAM. The Patent Office petitions for a rehearing or modification of our decision, handed down June 10, 1971. The

  8. Application of Lindner

    457 F.2d 506 (C.C.P.A. 1972)   Cited 18 times
    Involving dispersant compositions designed to emulsify solutions such as insecticide

  9. Application of Klosak

    455 F.2d 1077 (C.C.P.A. 1972)   Cited 6 times

    Patent Appeal No. 8582. March 9, 1972. Charles W. B. Connors, Chicago, Ill. (Johnston, Root, O'Keeffe, Keil, Thompson Shurtleff, Chicago, Ill.), attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., son Shurtleff), Chicago, Ill., attorneys E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals

  10. 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."

  11. 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"

  12. 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

  13. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  14. Section 1.136 - 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)