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Ex parte Placek et al.

08026039 (B.P.A.I. Jun. 29, 1998)
Ex parte Placek et al.

2 Cited authorities

  1. In re Herz

    537 F.2d 549 (C.C.P.A. 1976)   Cited 5 times   1 Legal Analyses
    Noting that the transitional phrase "consisting essentially of" permits some additional elements, but excludes additional unspecified materials or steps that would "materially affect the basic and novel characteristic" of the claimed invention

  2. 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."