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Ex Parte Metzger et al

12938905 (P.T.A.B. Dec. 10, 2015)
Ex Parte Metzger et al

14 Cited authorities

  1. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,375 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  2. Therasense v. Becton, Dickinson and Co.

    649 F.3d 1276 (Fed. Cir. 2011)   Cited 706 times   47 Legal Analyses
    Holding that both materiality and intent to deceive must be shown; each must be established by clear and convincing evidence

  3. Invitrogen Corp. v. Clontech Laboratories

    429 F.3d 1052 (Fed. Cir. 2005)   Cited 206 times   8 Legal Analyses
    Holding that a witness's conclusory assertion that the evidence demonstrated "conception, diligence and reduction to practice" did not carry a party's burden on summary judgment

  4. Gillette Co. v. Energizer Holdings, Inc.

    405 F.3d 1367 (Fed. Cir. 2005)   Cited 156 times   2 Legal Analyses
    Holding party to “blatant admission” in argument made to EPO

  5. Ormco Corp. v. Align Technology

    498 F.3d 1307 (Fed. Cir. 2007)   Cited 131 times   2 Legal Analyses
    Finding that where the Federal Circuit had previously decided that two dependent claims of a patent were invalid as obvious, that necessarily meant that the two “broader” independent claims from which the previously-invalidated claims depended must also be invalid

  6. Magsil Corp. v. Hitachi Global Storage Techs., Inc.

    687 F.3d 1377 (Fed. Cir. 2012)   Cited 92 times   9 Legal Analyses
    Holding that "a patentee chooses broad claim language at the peril of losing any claim that cannot be enabled across its full scope of coverage"

  7. Therasense v. Becton

    593 F.3d 1289 (Fed. Cir. 2010)   Cited 18 times
    Finding that the patentee was not entitled to a presumption of nexus because the product embodied at least two patented inventions, and the burden thus remained on the patentee to show that the product’s success was due to the invention claimed in the patent asserted in the case

  8. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 28 times
    Affirming § 103 rejection when § 102 rejection would also have been appropriate

  9. 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."

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,998 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. 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

  12. 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

  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)