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Ex Parte Pasquale et al

10436743 (B.P.A.I. Apr. 30, 2010)
Ex Parte Pasquale et al

15 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 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. In re Bilski

    545 F.3d 943 (Fed. Cir. 2008)   Cited 270 times   40 Legal Analyses
    Holding that non-preemption under the second step of what was then called the "Freeman –Walter –Abele test" requires that the claim be "tied to a particular machine or bring about a particular transformation of a particular article"

  3. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 340 times   43 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  4. 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"

  5. Raytheon Co. v. Roper Corp.

    724 F.2d 951 (Fed. Cir. 1983)   Cited 210 times   2 Legal Analyses
    Holding that the argument that an additional limitation be read into claims 1, 3, and 4 was only correct with respect to claim 1, and thus, only claim 1 was invalid

  6. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  7. In re Fisher

    421 F.3d 1365 (Fed. Cir. 2005)   Cited 20 times   2 Legal Analyses
    Requiring that a claimed invention have "specific and substantial utility to satisfy § 101," and rejecting a claim to a gene sequence where the sequence has only been shown to have "biological activity"

  8. Application of Langer

    503 F.2d 1380 (C.C.P.A. 1974)   Cited 10 times   1 Legal Analyses

    Patent Appeal No. 9239. October 3, 1974. Bernd W. Sandt and Theodore Post, Midland, Mich., attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming the rejection

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

  10. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,492 times   2273 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."

  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 102 - Compensation of the President

    3 U.S.C. § 102   Cited 15 times   2 Legal Analyses

    The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall

  14. Section 26 - Effect of defective execution

    35 U.S.C. § 26   Cited 9 times

    Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Director despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed. 35 U.S.C. § 26 Added Pub. L. 88-292, §1, Mar. 26, 1964, 78 Stat. 171; amended Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)]

  15. Section 103 - Assent to purchase of lands for forts

    4 U.S.C. § 103

    The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such consent having been obtained. 4 U.S.C. § 103 July 30, 1947, ch. 389, 61 Stat. 644.