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Ex parte Rochat et al.

08128332 (B.P.A.I. Oct. 28, 1998)
Ex parte Rochat et al.

13 Cited authorities

  1. In re Longi

    759 F.2d 887 (Fed. Cir. 1985)   Cited 106 times   8 Legal Analyses
    Holding that a patent application was properly rejected for obviousness-type double patenting where the prior art references indicated a reasonable expectation of success

  2. In re Merck Co., Inc.

    800 F.2d 1091 (Fed. Cir. 1986)   Cited 70 times   2 Legal Analyses
    Holding that a person of skill in the art would have expected amitriptyline to resemble imipramine in the alleviation of depression in humans because of the drugs’ close structural similarity and similar use

  3. In re Grasselli

    713 F.2d 731 (Fed. Cir. 1983)   Cited 19 times
    Concluding that unexpected results “limited to sodium only” were not commensurate in scope with claims to a catalyst having “an alkali metal”

  4. In re Clemens

    622 F.2d 1029 (C.C.P.A. 1980)   Cited 16 times   2 Legal Analyses
    Finding narrow range of data could not “be reasonably extended to prove the unobviousness of a broader claimed range”

  5. Application of Greenfield

    571 F.2d 1185 (C.C.P.A. 1978)   Cited 17 times
    Finding evidence of secondary considerations was not commensurate with the scope of the claims where evidence related to only one compound and there was no adequate basis to conclude that other compounds included within the scope of the claims would behave in the same manner

  6. In re Nielson

    816 F.2d 1567 (Fed. Cir. 1987)   Cited 8 times   1 Legal Analyses

    Appeal No. 86-1692. Decided April 21, 1987. Philip A. Mallinckrodt, of Mallinckrodt Mallinckrodt, Salt Lake City, Utah, for appellant. Harris A. Pitlick, Associate Solicitor, Office of the Solicitor, Arlington, Va., for appellee. With him on the brief were Joseph F. Nakamura, Solicitor, and Fred E. McKelvey, Deputy Solicitor. Appeal from the Board of Patent Appeals and Interferences. Before SMITH, NEWMAN, and BISSELL, Circuit Judges. PAULINE NEWMAN, Circuit Judge. Patent applicant Jay P. Nielson

  7. Application of Lindell

    385 F.2d 453 (C.C.P.A. 1967)   Cited 14 times

    Patent Appeal No. 7847. November 9, 1967. Robert R. Lockwood, Chicago, Ill., (Harris C. Lockwood, Washington, D.C., of counsel), for appellant. Joseph Schimmel, Washington, D.C. (S. Wm. Cochran, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. RICH, Judge. This appeal is from a decision of the Patent Office Board of Appeals

  8. Application of Grunwell

    609 F.2d 486 (C.C.P.A. 1979)   Cited 1 times

    Appeal No. 79-572. November 15, 1979. William J. Stein, Cincinnati, Ohio, attorney of record for appellants; Sidney W. Russell, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks; Henry W. Tarring, II, Washington, D.C., of counsel. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and WATSON, Judge. The Honorable James L. Watson, United States Customs

  9. Application of Klosak

    455 F.2d 1077 (C.C.P.A. 1972)   Cited 6 times

    Patent Appeal No. 8582. March 9, 1972. Charles W. B. Connors, Chicago, Ill. (Johnston, Root, O'Keeffe, Keil, Thompson Shurtleff, Chicago, Ill.), attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., son Shurtleff), Chicago, Ill., attorneys E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. BALDWIN, Judge. This appeal is from the decision of the Patent Office Board of Appeals

  10. Application of Smith

    398 F.2d 849 (C.C.P.A. 1968)

    Patent Appeal No. 7989. June 27, 1968. Rehearing Denied October 10, 1968. Richard C. Witte, Robert B. Aylor, Cincinnati, Ohio, Watson, Cole, Grindle Watson, William J. Daniel, Washington, D.C., for appellant. Joseph Schimmel, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and Judges RICH, SMITH, ALMOND, and KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This

  11. 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."

  12. Section 1.192-1.196 - Reserved

    37 C.F.R. § 1.192-1.196   Cited 20 times   4 Legal Analyses
    Requiring "a statement . . . that the claims of the group do not stand or fall together," and an explanation "why the claims of the group are believed to be separately patentable"

  13. 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)