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Ex Parte Merfeld et al

10738920 (B.P.A.I. Jan. 27, 2009)
Ex Parte Merfeld et al

11 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. In re Spada

    911 F.2d 705 (Fed. Cir. 1990)   Cited 58 times   1 Legal Analyses
    Holding that the claims were properly rejected by the PTO because they were anticipated by a prior art reference

  3. Application of Best

    562 F.2d 1252 (C.C.P.A. 1977)   Cited 18 times   4 Legal Analyses

    Patent Appeal No. 77-509. October 13, 1977. Richard G. Miller, New York City, attorney of record, for appellants, James C. Arvantes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, C.J., RICH, BALDWIN and LANE, JJ., and FORD, J., United States Customs Court. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark

  4. 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

  5. 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

  6. In re Wilder

    429 F.2d 447 (C.C.P.A. 1970)   Cited 13 times

    Patent Appeal No. 8194. August 13, 1970. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant; Stevens, Davis, Miller Mosher, Arlington, Va., of counsel. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Before RICH, BALDWIN, and LANE, Judges, and JONES, Senior Judge, United States Court of Claims, sitting by designation. BALDWIN, Judge. Wilder has appealed from the decision of the Patent Office Board of Appeals which

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

    35 U.S.C. § 103   Cited 6,129 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 5,995 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 141 - Appeal to Court of Appeals for the Federal Circuit

    35 U.S.C. § 141   Cited 455 times   91 Legal Analyses
    Imposing no such requirement

  10. 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"

  11. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing