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Ex Parte Petculescu et al

10402026 (B.P.A.I. Jun. 4, 2009)
Ex Parte Petculescu et al

38 Cited authorities

  1. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 537 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  2. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 502 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  3. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  4. Finisar v. Directv

    523 F.3d 1323 (Fed. Cir. 2008)   Cited 421 times   6 Legal Analyses
    Holding that "a competent opinion of counsel concluding either [non-infringement or invalidity] would provide a sufficient basis for [the defendant] to proceed without engaging in objectively reckless behavior with respect to the [asserted] patent"

  5. Exxon Research and Engineering Co. v. U.S.

    265 F.3d 1371 (Fed. Cir. 2001)   Cited 465 times   6 Legal Analyses
    Holding that a claim limitation that average particle diameter be greater than 5 was not indefinite where no upper limit on particle size was given

  6. Ethicon, Inc. v. Quigg

    849 F.2d 1422 (Fed. Cir. 1988)   Cited 662 times   5 Legal Analyses
    Holding the Board may not indefinitely stay an ex parte reexamination in light of parallel district court litigation via the "special dispatch" standard

  7. Aristocrat Tech v. Intern. Game

    521 F.3d 1328 (Fed. Cir. 2008)   Cited 326 times   18 Legal Analyses
    Holding that in cases involving means-plus-function claims where structure is "a computer, or microprocessor, programmed to carry out an algorithm," specification must disclose corresponding algorithm to be sufficiently definite

  8. Cordis Corp. v. Boston Scientific Corp.

    561 F.3d 1319 (Fed. Cir. 2009)   Cited 271 times   8 Legal Analyses
    Holding that a reference was not prior art despite "distribution to a limited number of entities without a legal obligation of confidentiality" because it was not sufficiently publicly accessible

  9. 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"

  10. IPXL Holdings, L.L.C. v. Amazon.com, Inc.

    430 F.3d 1377 (Fed. Cir. 2005)   Cited 264 times   15 Legal Analyses
    Holding claims at issue as indefinite because they simultaneously claimed an apparatus and method steps

  11. 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

  12. 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."

  13. 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"

  14. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,493 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."

  15. 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"

  16. 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

  17. 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)