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GALIMBERTI et al. V. ASANUMA et al.

08182348 (B.P.A.I. May. 18, 1998)
GALIMBERTI et al. V. ASANUMA et al.

17 Cited authorities

  1. Intervet America v. Kee-Vet Laboratories

    887 F.2d 1050 (Fed. Cir. 1989)   Cited 231 times
    Holding that erroneous statement made during prosecution does not limit claim scope because "[t]he claims themselves control"

  2. Picture Music, v. Bourne

    409 U.S. 997 (1972)   Cited 104 times
    Stating that under the 1976 Copyright Act, as well as under 1909 Act, co-owners of copyrights are "treated generally as tenants in common, with each co-owner having an independent right to use or license the use of a work, subject to a duty of accounting to the other co-owners for any profits"

  3. In re Spada

    911 F.2d 705 (Fed. Cir. 1990)   Cited 58 times   1 Legal Analyses
    Holding that the claims were properly rejected by the PTO because they were anticipated by a prior art reference

  4. Trio Process Corp. v. L. Goldstein's Sons, Inc.

    461 F.2d 66 (3d Cir. 1972)   Cited 91 times
    In Trio Process Corp. v. L. Goldstein's Sons, Inc., 461 F.2d 66, 74 (3d Cir.), cert. denied, 409 U.S. 997, 93 S.Ct. 319, 34 L.Ed.2d 262 (1972), for example, we observed that "patent specifications need not be so detailed as production specifications," and intimated that requirements of detail are less rigorous with respect to items that are not "a critical part of the invention," id. at 74 n. 24.

  5. In re Zletz

    893 F.2d 319 (Fed. Cir. 1990)   Cited 42 times   3 Legal Analyses
    Holding that claims failing this test during prosecution must be rejected under § 112, ¶ 2

  6. Holmwood v. Sugavanam

    948 F.2d 1236 (Fed. Cir. 1991)   Cited 33 times   1 Legal Analyses
    Finding prior reduction to practice in the United States based on domestic testing of a foreign fungicide, proof of which was established through oral testimony and test results

  7. In re Thorpe

    777 F.2d 695 (Fed. Cir. 1985)   Cited 40 times   3 Legal Analyses
    Holding that prior art pertinent only to product is proper ground for rejecting product-by-process claims

  8. In re Van Geuns

    988 F.2d 1181 (Fed. Cir. 1993)   Cited 21 times   1 Legal Analyses

    No. 91-1088. March 10, 1993. Jack E. Haken, U.S. Philips Corp., Tarrytown, NY, argued, for appellant. Fred E. McKelvey, Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Lee E. Barrett, Associate Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before ARCHER, PLAGER, and RADER, Circuit Judges. ARCHER, Circuit Judge. Johannes R. Van Geuns appeals from the September 25, 1990 decision of the Patent and Trademark Office

  9. Kubota v. Shibuya

    999 F.2d 517 (Fed. Cir. 1993)   Cited 20 times   1 Legal Analyses
    Adopting the Commissioner's interpretation that a declaration of interference is an interlocutory order presumed to be correct under 37 C.F.R. § 1.655

  10. Application of Best

    562 F.2d 1252 (C.C.P.A. 1977)   Cited 18 times   4 Legal Analyses

    Patent Appeal No. 77-509. October 13, 1977. Richard G. Miller, New York City, attorney of record, for appellants, James C. Arvantes, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, C.J., RICH, BALDWIN and LANE, JJ., and FORD, J., United States Customs Court. MARKEY, Chief Judge. Appeal from the decision of the Patent and Trademark

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,611 times   281 Legal Analyses
    Adopting the Daubert standard

  12. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,362 times   1046 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

  13. 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."

  14. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,995 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  15. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   51 Legal Analyses
    Governing interferences

  16. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 269 times   70 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  17. Section 1.601 - Filing of papers in supplemental examination

    37 C.F.R. § 1.601   Cited 40 times   8 Legal Analyses
    Defining the term "interference"