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LG CHEM, LTD.

11 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,557 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. In re O'Farrell

    853 F.2d 894 (Fed. Cir. 1988)   Cited 168 times   9 Legal Analyses
    Finding patent obvious where the prior art provided a "reasonable expectation of success"

  3. Otsuka Pharm. Co. v. Sandoz, Inc.

    678 F.3d 1280 (Fed. Cir. 2012)   Cited 83 times   15 Legal Analyses
    Holding that issues raised only in a footnote may be deemed waived

  4. Application of Ruschig

    379 F.2d 990 (C.C.P.A. 1967)   Cited 75 times   7 Legal Analyses
    Holding that the written description requirement is a requirement separate from enablement under 35 U.S.C. § 112, paragraph 1

  5. In re Baird

    16 F.3d 380 (Fed. Cir. 1994)   Cited 26 times
    Holding that obviousness had not been shown based on a single reference because the PTO had not demonstrated motivation to select claimed species from prior genus of millions of compounds

  6. Application of Smith

    458 F.2d 1389 (C.C.P.A. 1972)   Cited 30 times

    Patent Appeal No. 8590. May 18, 1972. Herbert B. Keil, Richard L. Johnston, Johnston, Root, O'Keeffe, Keil, Thompson Shurtleff, Chicago, Ill., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the Patent Office. Before RICH, ALMOND, BALDWIN and LANE, Judges, and RAO, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Board of

  7. Application of Wilder

    563 F.2d 457 (C.C.P.A. 1977)   Cited 17 times

    Patent Appeal No. 76-706. October 13, 1977. Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant, Edward P. Grattan, St. Louis, Mo., Richard O. Zerbe, Akron, Ohio, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jack E. Armore, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. BALDWIN, Judge. This appeal is from the April 30, 1976 decision of the Patent and Trademark Office (PTO) Board of Appeals (board)

  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 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