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Ex Parte Turney

11 Cited authorities

  1. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,384 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  2. Anchor Wall Sys. v. Rockwood Retaining Walls

    340 F.3d 1298 (Fed. Cir. 2003)   Cited 212 times   1 Legal Analyses
    Holding "words of approximation, such as 'generally' and 'substantially,' are descriptive terms commonly used in patent claims to avoid a strict numerical boundary to the specified parameter"

  3. Ecolab, Inc. v. Envirochem, Inc.

    264 F.3d 1358 (Fed. Cir. 2001)   Cited 188 times   6 Legal Analyses
    Holding measurements excluded from the scope of the claim during prosecution could not infringe the limitation "substantially uniform"

  4. Toro Co. v. White Consol. Industries, Inc.

    266 F.3d 1367 (Fed. Cir. 2001)   Cited 61 times   1 Legal Analyses
    Explaining that it is improper to "import into the claim a function from the specification, particularly when the claim recites only purely structural limitations"

  5. Application of Aslanian

    590 F.2d 911 (C.C.P.A. 1979)   Cited 6 times
    Explaining that in determining obviousness, all references are assessed "on the basis of what they reasonably disclose and suggest to one skilled in the art" (quoting In re Baum , 374 F.2d 1004, 1009 (CCPA 1967) )

  6. 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."

  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

  9. Section 1.104 - Nature of examination

    37 C.F.R. § 1.104   Cited 53 times   9 Legal Analyses
    Providing reasons for patent examiner's rejection of claims, including rejection for prior art "unless the entire rights to the subject matter and the claimed invention were commonly owned by the same person . . ."

  10. Section 1.84 - Standards for drawings

    37 C.F.R. § 1.84   Cited 20 times   3 Legal Analyses
    Explaining that exploded views "show the relationship or order of assembly of various parts"

  11. 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)