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Ex Parte Simard et al

11574793 (P.T.A.B. Feb. 13, 2019)
Ex Parte Simard et al

8 Cited authorities

  1. In re Gleave

    560 F.3d 1331 (Fed. Cir. 2009)   Cited 149 times
    Finding that the prior art reference was enabling and stating that “the fact that [the reference] provides ‘no understanding of which of the targets would be useful’ is of no import, because [the patent applicant] admits that it is well within the skill of an ordinary person in the art to make any oligodeoxynucleotide sequence”

  2. Cias, Inc. v. Alliance Gaming Corp.

    504 F.3d 1356 (Fed. Cir. 2007)   Cited 101 times
    Holding that argument to PTO on reexamination constituted disavowal of claim scope even though “no amendments were made”

  3. Genentech, Inc. v. Chiron Corp.

    112 F.3d 495 (Fed. Cir. 1997)   Cited 136 times
    Holding that in construing the count, the court "must look at the language as a whole and consider the grammatical structure and syntax"

  4. Atofina v. Great Lakes Chemical Corp.

    441 F.3d 991 (Fed. Cir. 2006)   Cited 85 times   8 Legal Analyses
    Finding 0.001 to 1.0 percent range did not disclose a D.I to 5.0 percent range

  5. In re Kaplan

    789 F.2d 1574 (Fed. Cir. 1986)   Cited 43 times
    Reversing PTO's rejection of claim for double patenting and noting that double patenting does not necessarily arise because a broad or generic claim reads on an invention defined by a narrower more specific claim in another patent

  6. Application of Sarett

    327 F.2d 1005 (C.C.P.A. 1964)   Cited 32 times
    Reversing rejections for obviousness-type double patenting because generic and specific claims may nonetheless be patently distinct

  7. 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"

  8. 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