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13 Feb 2013, 6:37 am
See Ex parte Belinne, No. 2009-004693, slip op. at 7 – 8 (BPAI Aug. 10, 2009) (informative).And, yes, KSR was cited:Thus, the modification of Oh to apply a window function after skipping frames, as taught or suggested by Chen, merely represents the combination of familiar elements to yield predictable results. [read post]
12 Feb 2013, 8:40 am
GE/NBC lose at the Board in Ex parte VERSCHUEREN Leapfrog is cited:Our reviewing court stated in Leapfrog Enterprises Inc. v. [read post]
12 Feb 2013, 6:06 am
KSR is invoked in Ex parte Keimel :The Supreme Court has emphasized that “the [obviousness] analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ. [read post]
11 Feb 2013, 8:08 am
Within Rx parte Maeng , the Board finds that the combination of familiar elements yields a PREDICTABLE result.KSR is cited. [read post]
11 Feb 2013, 7:49 am
From within Ex parte Sage“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. [read post]
3 Feb 2013, 6:01 pm
This is about as true in medical practice, by the way, as it is in biomedical research — in part because huge swaths of “standard practice” are not evidence-based, for a variety of reasons; in part because even a solid evidence base is typically based on the effects of an intervention on narrowly selected research participants in highly controlled circumstances which may not generalize to individual patients in real life; and in part because medicine,… [read post]
1 Feb 2013, 7:45 am
KSR is cited for its "common sense" text in Ex parte Zuniga-Ortiz . [read post]
31 Jan 2013, 8:41 am
In Ex parte GUDRUN CLAUS-HERZ KSR is cited as to predictable results:“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. [read post]
31 Jan 2013, 5:26 am
The best part is that doing so does not impact your former spouse’s ability to collect their benefits.In order to collect benefits based on your ex-spouses earnings, the following eligibility requirements must be met:You were married to your former spouse for at least 10 years and you are at least 62 years old.You have not remarried. [read post]
25 Jan 2013, 4:01 pm
Within Ex part INGRAMprima facie obviousness is supported by the undisputed facts mentioned earlier and by established legal precedent. [read post]
25 Jan 2013, 12:45 am
But the mere factum of suing does not necessarily mean that big pharma is entitled to an injunction, much less an ex parte one. [read post]
23 Jan 2013, 4:10 pm
Ex parte JOHANNESSONAccordingly, the claim requirement of a sensor that includes two different regions that measure different information about an object with different resolutions is a combination of familiar elements from Leonard and Eberhard respectively that would have yielded predictable results. [read post]
22 Jan 2013, 4:10 am
And the CAFC applied its recent Citigroup ruling in an ex parte context, rejecting again the Board’s "reasonable manners" analysis when considering variations of a standard character mark. [read post]
16 Jan 2013, 8:46 am
Within Ex part BAUMGARTNER, General Electric overcame the Examiner's rejections but got new rejections courtesy of KSR.Of KSR“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. [read post]
16 Jan 2013, 8:31 am
The Board speaks to the TSM test in Ex part RADICH As prescribed by the controlling case law, while it is often necessaryfor an Examiner to identify a reason for combining the familiar elements obtained from the prior art in establishing a prima facie case of obviousness, the identification of such a reason is not a sine qua non requirement. [read post]
16 Jan 2013, 3:55 am
KSR is invoked in Ex parte CHALLENER :Notwithstanding Appellants’ arguments (see also Reply Br 2-3), our reviewing court guides that “when a patent ‘simply arranges old elements with each performing the same function it had been known to perform’ and yields no more than one would expect from such an arrangement, the combination is obvious. [read post]
16 Jan 2013, 2:45 am
Still ViablePrecedential No. 32: Board Finds Service of Notice of Opposition Flawed but AdequatePrecedential No. 21: TTAB Excludes Opposer's Sole Trial Witness Due To Failure to Previously Identify HerPrecedential No. 20: TTAB Says Partial Cancellation for Abandonment Governed by Section 14, not Section 18Precedential No. 12: TTAB Dismisses Cancellation Petition Due to Improper ServicePrecedential No. 8: TTAB Applies Collateral Estoppel in Ex Parte Section 2(d) Context Based on… [read post]
8 Jan 2013, 2:49 am
Ex Parte Gilbert Chevalier, 2011 WL 6747404 (B.P.A.I. [read post]
2 Jan 2013, 7:47 am
From within Ex parte CZYSZCZEWSKI , KSR appearsAdditionally, such a modification of Hou’s teaching such that the display on the Fax Server is used to perform the functions of the WEB Client 104 is merely a combination of familiar elements according to known methods that does no more than yield predictable results - an obvious improvement, see KSR Int'l Co. v. [read post]
27 Dec 2012, 7:09 am
The Board cited KSR in Ex parte Lim We also agree with the Examiner’s explicit motivation that combining the references would be obvious since all four references are of an “analogous art” of mobile communication terminals having image processing and multiple displays for displaying thumbnail images and other data (Ans. 8-9). [read post]
