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Ex Parte Suzuki et al

10530480 (B.P.A.I. Jun. 30, 2009)
Ex Parte Suzuki et al

12 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,547 times   185 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,179 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Sakraida v. Ag Pro, Inc.

    425 U.S. 273 (1976)   Cited 237 times   1 Legal Analyses
    Holding that a combination is obvious if a patent "simply arranges old elements with each performing the same function it had been known to perform" and yields predictable results

  4. In re Kahn

    441 F.3d 977 (Fed. Cir. 2006)   Cited 144 times   11 Legal Analyses
    Holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight

  5. Titanium Metals Corp. of America v. Banner

    778 F.2d 775 (Fed. Cir. 1985)   Cited 130 times   6 Legal Analyses
    Holding that an earlier species disclosure in the prior art defeats any generic claim

  6. In re Peterson

    315 F.3d 1325 (Fed. Cir. 2003)   Cited 67 times   14 Legal Analyses
    Holding that any overlap between a claimed range and one in the prior art is sufficient for a prima facie case of obviousness, even if insufficient to render it unpatentable

  7. Application of Nomiya

    509 F.2d 566 (C.C.P.A. 1975)   Cited 28 times   1 Legal Analyses

    Patent Appeal No. 74-514. February 6, 1975. Paul M. Craig, Jr., Washington, D.C., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; R. V. Lupo, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection under 35 U.S.C. § 103 of claims 1-8 and 33

  8. Application of Davis

    305 F.2d 501 (C.C.P.A. 1962)   Cited 3 times

    Patent Appeal No. 6825. July 18, 1962. Gillette Virgil, Cushman, Darby Cushman, Washington, D.C. (Theodore C. Virgil and Alvin Guttag, Washington, D.C., of counsel), for appellants. Clarence W. Moore, Washington, D.C. (Raymond E. Martin, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place

  9. 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."

  10. 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"

  11. 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

  12. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing