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27 May 2010, 2:16 pm by Kent Scheidegger
The Court should know better than to engage in ex parte fact gathering and using the results as a basis for making constitutional law. [read post]
2 Jan 2013, 7:24 am by Lawrence B. Ebert
Tne Board sustained an obviousness finding in Ex parte Goh but did NOT cite KSR.Of text in the decision citing cases: In rejecting claims under 35 U.S.C. [read post]
11 Jun 2013, 7:13 pm by Lawrence B. Ebert
Ex parte Albert“If a person of ordinary skill, before the time of invention and withoutknowledge of that invention, would have found the invention merely an easilypredictable and achievable variation or combination of the prior art, then theinvention likely would have been obvious. [read post]
27 Dec 2012, 7:15 am by Lawrence B. Ebert
Many cases are cited in the Board's affirmance in Ex parte Karr:If a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case. [read post]
26 Nov 2013, 9:54 am
Details:  Ex parte Foster (PTAB 2010) illustrates a typical "Graham factors" argument against obviousness. [read post]
18 Nov 2019, 6:05 am by Michael Geist
And shortly after I was hired part time, I thought, this is great, but it a technology work he was doing. [read post]
21 Mar 2013, 10:50 am by Lawrence B. Ebert
However, the rod shape patented by Graham does notbecome patentable again by virtue of Cooke’s stated preference for spheresover other shapes. [read post]
13 Sep 2010, 12:08 pm by Robert Chesney
”  Fourth, the bill would require judges to give the “utmost deference” to an executive branch judgment that a particular group counts as an “associated force,” so long as the executive branch has given a formal notice to that effect (which can be done in camera and ex parte). [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]
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]
27 Jul 2021, 8:08 am by Dan Bressler
” “Part of the stated basis for the new Rule 7.1.1 is to allow judges sufficient information to decide recusal issues for potential pecuniary interest and conflict. [read post]
11 Sep 2010, 11:37 pm by Steve Vladeck
Because of the unusual length of this post, I begin with a roadmap: Part I summarizes the current version of the Graham bill. [read post]
27 May 2010, 5:29 pm by Jonathan H. Adler
The Court should know better than to engage in ex parte fact gathering and using the results as a basis for making constitutional law. [read post]