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SMITH, Nathan James.

14524467 - (D) (P.T.A.B. Feb. 3, 2020)
SMITH, Nathan James.

14 Cited authorities

  1. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,184 times   68 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  2. Belden Inc. v. Berk-Tek LLC

    805 F.3d 1064 (Fed. Cir. 2015)   Cited 112 times   21 Legal Analyses
    Holding that a declaration appended to a reply brief "fairly respond[ed] only to arguments made in ... [the patent owner]'s response," as required by § 42.23(b), and that the patent owner had "a meaningful opportunity to respond," as required by the APA

  3. InTouch Technologies, Inc. v. VGo Communications, Inc.

    751 F.3d 1327 (Fed. Cir. 2014)   Cited 105 times   3 Legal Analyses
    Holding that expert's testimony could not support a finding of obviousness where "testimony primarily consisted of conclusory references to [the expert's] belief that one of ordinary skill in the art could combine these references, not that they would have been motivated to do so"

  4. Unigene Laboratories, Inc. v. Apotex, Inc.

    655 F.3d 1352 (Fed. Cir. 2011)   Cited 89 times   2 Legal Analyses
    Declining to find a claim obvious when the when prior art does not provide "indication of which parameters were critical" or "direction as to which of many possible choices is likely to be successful"

  5. McGinley v. Franklin Sports, Inc.

    262 F.3d 1339 (Fed. Cir. 2001)   Cited 114 times
    Affirming identification of corresponding structure as including "egg-shaped indicia having `a slight taper at the portion of each indicia situated closest to the palm of the hand, and any equivalents of such structure'"

  6. Tec Air, Inc. v. Denso Manufacturing Michigan Inc.

    192 F.3d 1353 (Fed. Cir. 1999)   Cited 112 times
    Holding that regardless of whether defendant had shown a motivation to combine the prior art, the showing could be rebutted by evidence of commercial success

  7. Pers. Web Techs., LLC v. Apple, Inc.

    848 F.3d 987 (Fed. Cir. 2017)   Cited 65 times   11 Legal Analyses
    Concluding that the Board provided an inadequate analysis to provide meaningful appellate review

  8. Merck Co., Inc. v. Biocraft Laboratories

    874 F.2d 804 (Fed. Cir. 1989)   Cited 47 times   2 Legal Analyses
    Holding that the prior art's disclosure of a multitude of combinations failed to render any particular formulation less obvious

  9. Application of Sponnoble

    405 F.2d 578 (C.C.P.A. 1969)   Cited 36 times

    Patent Appeal No. 8007. January 16, 1969. Raywood H. Blanchard, Kalamazoo, Mich., (Eugene O. Retter, George T. Johannesen, Kalamazoo, Mich., of counsel) for appellant. Joseph Schimmel, Washington, D.C., (Fred W. Sherling, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND and BALDWIN, Judges. BALDWIN, Judge. This is an appeal from the decision of the Board of Appeals, affirming the examiner's rejection of the sole remaining claim in

  10. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,383 times   1047 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

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

    35 U.S.C. § 103   Cited 6,141 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."

  12. 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"

  13. 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

  14. 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