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MOMENTIVE PERFORMANCE MATERIALS JAPAN LLC

2019006968 (P.T.A.B. Dec. 2, 2020)
MOMENTIVE PERFORMANCE MATERIALS JAPAN LLC

15 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,190 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. Allergan, Inc. v. Apotex Inc.

    754 F.3d 952 (Fed. Cir. 2014)   Cited 55 times   3 Legal Analyses
    Affirming judgment that claims were not inherently anticipated where the prior art only showed that the limitation might occur, not that it inevitably occurred

  3. In re Peterson

    315 F.3d 1325 (Fed. Cir. 2003)   Cited 69 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

  4. Honeywell Int'l Inc. v. Mexichem Amanco Holding S.A. de C.V.

    865 F.3d 1348 (Fed. Cir. 2017)   Cited 21 times   11 Legal Analyses
    Holding the reasonable-expectation-of-success requirement is not satisfied when the skilled artisan would have had no expectation of success

  5. Application of Rinehart

    531 F.2d 1048 (C.C.P.A. 1976)   Cited 45 times
    Considering the problem to be solved in a determination of obviousness

  6. In re Berg

    320 F.3d 1310 (Fed. Cir. 2003)   Cited 10 times   1 Legal Analyses

    Nos. 02-1120, 02-1160. DECIDED: February 20, 2003. Richard Aron Osman, Science Technology Law Group, of Hillsborough, CA, argued for appellant. Kristin L. Yohannan, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With her on the brief were John M. Whealan, Solicitor; and Linda Moncys Isacson, Associate Solicitor. Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judge. BRYSON, Circuit Judge. Appellants Richard A.

  7. In re Clemens

    622 F.2d 1029 (C.C.P.A. 1980)   Cited 16 times   2 Legal Analyses
    Finding narrow range of data could not “be reasonably extended to prove the unobviousness of a broader claimed range”

  8. Application of Tiffin

    448 F.2d 791 (C.C.P.A. 1971)   Cited 21 times

    Patent Appeal No. 8502. October 7, 1971. Alvin Guttag, Washington, D.C., attorney of record, for appellants; William T. Bullinger, Washington, D.C., Sheldon F. Raizes, Wilmington, Del., Cushman, Darby Cushman, Washington, D.C., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. ON PETITION FOR REHEARING PER CURIAM. The Patent Office petitions for a rehearing or modification of our decision, handed down June 10, 1971. The

  9. Application of Herr

    377 F.2d 610 (C.C.P.A. 1967)   Cited 20 times
    Reading Szwarc as holding that collateral estoppel applied where claim included specific product upon which federal court had previously held same specification deficient as to that specific product, because issue whether the specification "taught how to use that compound" had already been decided

  10. In re Fenn

    639 F.2d 762 (C.C.P.A. 1981)   Cited 4 times

    Appeal No. 80-583. January 8, 1981. William A. Skinner, Painesville, Ohio, and John W. Schneller, Washington, D.C., with whom Keil and Witherspoon, Washington, D.C., was on brief, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks; Henry W. Tarring, II, Washington, D.C., of counsel. Appeal from The Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MILLER, Judge. This appeal is from

  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,172 times   492 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."

  12. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  13. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 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

  14. 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)

  15. 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