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31 Jan 2017, 5:30 am by Kenneth J. Vanko
About the only real difference between an ex parte restraining order and an ex parte seizure order is that the latter requires a hearing on 7 days. [read post]
8 Aug 2007, 10:01 pm
Teleflex it is explained that “[h]ere ‘[an appellant] claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result,’”(p.17 Ex parte Catan).The full decision can be found here: Ex parte Catan [read post]
10 Mar 2020, 5:36 pm by Mark Hartsoe
In the supreme court’s view, the problematic language of the statute was that it effectively stripped trial courts of their discretion in deciding whether to grant an ex parte order in a given case. [read post]
26 May 2016, 8:03 am by Shawn Garrison
Let their mom or dad (your ex) continue to be a paramount part of their life. [read post]
11 Jun 2013, 7:05 pm by Lawrence B. Ebert
The appellant lost in Ex parte WeinerKSR is mentioned:“The combination of familiar elements according to known methodsis likely to be obvious when it does no more than yield predictable results. [read post]
8 Jan 2014, 3:00 am by Lawrence B. Ebert
From Ex parte FRAZERAs to obviousness:Obviousness requires more than a mere showing that the prior art includes separate references covering each separate limitation in a claim under examination. [read post]
19 Mar 2013, 7:11 am by Lawrence B. Ebert
From within Ex parte Klotzer Construing a means-plus-function claim limitation is a two-stepprocess. [read post]
16 Jan 2013, 8:46 am by Lawrence B. Ebert
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]
23 Jan 2013, 4:10 pm by Lawrence B. Ebert
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]
9 May 2013, 9:41 pm by Lawrence B. Ebert
from Ex parte DE VILLIERS The Examiner reasons that a change in marker orientation would have been a simple substitution of one known element for another to obtain predictable results (Ans. 9-10, citing MPEP § 2141).Yes, KSR is invoked:We agree with the Examiner’s rationale and adopt is as our own. [read post]
3 Dec 2012, 2:07 pm by Lawrence B. Ebert
The appellant lost on anticipation and obviousness in Ex parte Lin.KSR appears:Accordingly, we find that the claim limitation of adjusting the tone reproduction curve according to the image luminance values and the exposure time values is a combination of Horiushi’s teachings of adjusting the settings of a display according to the image luminance value and the exposure time values and Ejima’s teaching of adjusting the gamma correction curve according to the luminance… [read post]
11 Mar 2013, 9:04 am by Lawrence B. Ebert
From Ex parte MoffattThe examiner lost on indefiniteness rejections:Further, becausethe MOVs are movable components (Spec. [read post]
17 Jul 2008, 1:48 am
This circuit has not yet determined whether, after Booker, application of a later (than the date-of-offense) Guidelines Manual that yields a higher sentence continues to raise an ex post facto problem. [read post]
12 Jan 2008, 7:44 am
"It would be a shame if these examples were part of a conservative rewriting of constitutional history. [read post]
16 Jan 2013, 8:31 am by Lawrence B. Ebert
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]
3 Mar 2013, 5:21 am by Lawrence B. Ebert
From Ex parte ViolaAs to the prima facie case of obviousness:“In proceedings before the Patent and Trademark Office, theExaminer bears the burden of establishing a prima face case of obviousnessbased upon the prior art. [read post]
11 Aug 2018, 2:10 pm by Schachtman
Many of my fellow students and I protested the forced support for PIRG, and ultimately the college yielded to the tide of opinion. [read post]