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Ex Parte Janning

11704446 (P.T.A.B. Feb. 25, 2013)
Ex Parte Janning

9 Cited authorities

  1. Vas-Cath Inc. v. Mahurkar

    935 F.2d 1555 (Fed. Cir. 1991)   Cited 395 times   3 Legal Analyses
    Holding construction of § 112, ¶ 1 requires separate written description and enablement requirements

  2. Carnegie Mellon v. Hoffmann-La

    541 F.3d 1115 (Fed. Cir. 2008)   Cited 92 times   4 Legal Analyses
    Holding that the narrow description of the E. coli polA gene did not adequately support a broad claim to the gene from any bacterial source

  3. In re Oetiker

    977 F.2d 1443 (Fed. Cir. 1992)   Cited 66 times   9 Legal Analyses
    Reversing for "improperly combined" references, because "[i]f examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent"

  4. Stevenson v. Pemberton

    1 U.S. 3 (1760)   Cited 1 times

    APRIL TERM, 1760. WILLIAM, ALLEN, Chief Justice. LAWRENCE GROWDEN, WILLIAM COLEMAN, Justice. SCIRE facias against Defendant as Garnishee. The Cafe was; C. in the West-Indies was indebted to P. the Defendant, for Bills of Exchange drawn by C, in Favour of P. which were protested. P. by Letter solicits C. for Security. C. consigns a Quantity of Rum to P. and by Letter directs P. to sell the same for his (C's) Account, and apply the Proceeds to the Payment of some protested Bills drawn by C. in favour

  5. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,360 times   1046 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

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

    35 U.S.C. § 103   Cited 6,129 times   479 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."

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,993 times   1001 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  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