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Alexander Fischer et al.

2021004599 (P.T.A.B. Mar. 21, 2022)
Alexander Fischer et al.

14 Cited authorities

  1. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,543 times   183 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. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,275 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record

  3. Finisar v. Directv

    523 F.3d 1323 (Fed. Cir. 2008)   Cited 420 times   6 Legal Analyses
    Holding that "a competent opinion of counsel concluding either [non-infringement or invalidity] would provide a sufficient basis for [the defendant] to proceed without engaging in objectively reckless behavior with respect to the [asserted] patent"

  4. Alcon Research Ltd. v. Barr Labs., Inc.

    745 F.3d 1180 (Fed. Cir. 2014)   Cited 121 times   9 Legal Analyses
    Reversing the district court's finding of invalidity for lack of enablement because defendant failed to provide evidence that established the person of ordinary skill would need to engage in “undue experimentation” in order to practice the asserted claims

  5. Perfect Web Technologies, Inc. v. InfoUSA, Inc.

    587 F.3d 1324 (Fed. Cir. 2009)   Cited 115 times   12 Legal Analyses
    Holding that “an analysis of obviousness ... may include recourse to logic, judgment, and common sense available to the person of ordinary skill [which] do[es] not necessarily require explication in any reference or expert opinion”

  6. Vasudevan Software, Inc. v. MicroStrategy, Inc.

    782 F.3d 671 (Fed. Cir. 2015)   Cited 71 times   1 Legal Analyses
    Concluding that the applicant's use of the phrase 'refers to' "indicate[d] an intention to define a term" that precluded a different definition during claim construction

  7. Fiers v. Revel

    984 F.2d 1164 (Fed. Cir. 1993)   Cited 74 times   7 Legal Analyses
    Holding a claim to a genus of DNA molecules not supported by written description of a method for obtaining the molecules

  8. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,339 times   1040 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

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

    35 U.S.C. § 103   Cited 6,114 times   471 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."

  10. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 185 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"

  11. 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

  12. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  13. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   28 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)

  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