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Ex Parte Smets et al

13079880 (P.T.A.B. Sep. 22, 2017)
Ex Parte Smets et al

12 Cited authorities

  1. In re Soni

    54 F.3d 746 (Fed. Cir. 1995)   Cited 92 times   2 Legal Analyses
    Finding "substantially improved results" to overcome obviousness when the 50-fold improvement in tensile strength was much greater than would have been predicted

  2. In re Geisler

    116 F.3d 1465 (Fed. Cir. 1997)   Cited 52 times   4 Legal Analyses
    Finding a 26 percent improvement in wear resistance insufficient to constitute proof of "substantially improved results"

  3. In re Jung

    637 F.3d 1356 (Fed. Cir. 2011)   Cited 24 times   4 Legal Analyses
    Holding the prima facie case during patent examination “is merely a procedural device that enables an appropriate shift of the burden of production” from the PTO to the patent applicant

  4. In re Keller

    642 F.2d 413 (C.C.P.A. 1981)   Cited 47 times   1 Legal Analyses
    Stating "[t]he test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference"

  5. Hyatt v. Dudas

    551 F.3d 1307 (Fed. Cir. 2008)   Cited 9 times   1 Legal Analyses
    Noting that the final judgment rule applies in section 145 cases

  6. 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

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,386 times   1048 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

  8. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,143 times   481 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."

  9. 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"

  10. 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

  11. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  12. Section 1.136 - [Effective until 1/19/2025] 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)