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Laskin, Hardy A. et al.

2019002256 (P.T.A.B. Sep. 2, 2020)
Laskin, Hardy A. et al.

10 Cited authorities

  1. B.F. Goodrich Co. v. Aircraft Braking Systems

    72 F.3d 1577 (Fed. Cir. 1996)   Cited 93 times
    Affirming finding of no intent to deceive; omitted prior art reference was in files of several employees, but evidence did not show that inventor or attorney knew of it

  2. Polaris Indus., Inc. v. Arctic Cat, Inc.

    882 F.3d 1056 (Fed. Cir. 2018)   Cited 32 times   3 Legal Analyses
    Vacating Board decision that failed to consider whether modifying prior art reference would undermine its goal, shared with the challenged claims, of constructing stable all-terrain vehicles

  3. Acco Brands Corp. v. Fellowes, Inc.

    813 F.3d 1361 (Fed. Cir. 2016)   Cited 31 times
    Explaining that where an "ordinary artisan would ... be left with two design choices ... [e]ach of these two design choices is an obvious combination"

  4. In re Stepan Co.

    868 F.3d 1342 (Fed. Cir. 2017)   Cited 13 times   5 Legal Analyses

    2016-1811 08-25-2017 IN RE: STEPAN COMPANY, Appellant Thomas J. Wimbiscus, McAndrews, Held & Malloy, Ltd., Chicago, IL, argued for appellant. Also represented by George Wheeler. Jeremiah Helm, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by Nathan K. Kelley, Thomas W. Krause, Frances Lynch. Opinion for the court filed by Circuit Judge Moore. Thomas J. Wimbiscus , McAndrews, Held & Malloy, Ltd., Chicago, IL,

  5. Cutsforth, Inc. v. Motivepower, Inc.

    636 F. App'x 575 (Fed. Cir. 2016)   Cited 8 times   4 Legal Analyses
    Holding that the Board failed to provide an adequate record where the "majority of [its] Final Written Decision is spent summarizing the parties' arguments and offers only conclusory analysis of its own"

  6. In re Gal

    980 F.2d 717 (Fed. Cir. 1992)   Cited 2 times   2 Legal Analyses
    Holding that different structure to achieve different purpose was not an obvious design choice

  7. 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."

  8. 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"

  9. 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

  10. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and