IconFind, Inc. v. Google, Inc.
Filing
36
MEMORANDUM by IconFind, Inc. in support of 35 Motion to Dismiss and Motion to Strike. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Folgers, Anna) Modified on 4/20/2011 (Becknal, R).
EXHIBIT D
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_103.htm
United States Patent and Trademark Office
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35 U.S.C. 103 Conditions for patentability; non-obvious subject
matter. - Patent Laws
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
(a) A patent may not be obtained though the invention is not identically disclosed or
described as set forth in section 102 of this title, if the differences between the
subject matter sought to be patented and the prior art are such that the subject
matter as a whole would have been obvious at the time the invention was made to
a person having ordinary skill in the art to which said subject matter pertains.
Patentability shall not be negatived by the manner in which the invention was
made.
(b)
(1) Notwithstanding subsection (a), and upon timely election by the applicant for
patent to proceed under this subsection, a biotechnological process using or
resulting in a composition of matter that is novel under section 102 and
nonobvious under subsection (a) of this section shall be considered nonobvious if(A) claims to the process and the composition of matter are contained in either the
same application for patent or in separate applications having the same effective
filing date; and
(B) the composition of matter, and the process at the time it was invented, were
owned by the same person or subject to an obligation of assignment to the same
person.
(2) A patent issued on a process under paragraph (1)(A) shall also contain the claims to the composition of matter used in or made by
that process, or
(B) shall, if such composition of matter is claimed in another patent, be set to expire
on the same date as such other patent, notwithstanding section 154.
(3) For purposes of paragraph (1), the term "biotechnological process" means-
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(A) a process of genetically altering or otherwise inducing a single- or multi-celled
organism to(i) express an exogenous nucleotide sequence,
(ii) inhibit, eliminate, augment, or alter expression of an endogenous nucleotide
sequence, or
(iii) express a specific physiological characteristic not naturally associated with said
organism;
(B) cell fusion procedures yielding a cell line that expresses a specific protein, such
as a monoclonal antibody; and
(C) a method of using a product produced by a process defined by subparagraph
(A) or (B), or a combination of subparagraphs (A) and (B).
(c)
(1) Subject matter developed by another person, which qualifies as prior art only
under one or more of subsections (e), (f), and (g) of section 102 of this title, shall
not preclude patentability under this section where the subject matter and the
claimed invention were, at the time the claimed invention was made, owned by the
same person or subject to an obligation of assignment to the same person.
(2) For purposes of this subsection, subject matter developed by another person
and a claimed invention shall be deemed to have been owned by the same person
or subject to an obligation of assignment to the same person if (A) the claimed invention was made by or on behalf of parties to a joint research
agreement that was in effect on or before the date the claimed invention was made;
(B) the claimed invention was made as a result of activities undertaken within the
scope of the joint research agreement; and
(C) the application for patent for the claimed invention discloses or is amended to
disclose the names of the parties to the joint research agreement.
(3) For purposes of paragraph (2), the term "joint research agreement" means a
written contract, grant, or cooperative agreement entered into by two or more
persons or entities for the performance of experimental, developmental, or research
work in the field of the claimed invention.
(Amended Nov. 8, 1984, Public Law 98-622, sec. 103, 98 Stat. 3384; Nov. 1, 1995,
Public Law 104-41, sec.1, 109 Stat. 3511.)
(Subsection (c) amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113
Stat. 1501A-591 (S. 1948 sec. 4807).)
(Subsection (c) amended Dec. 10, 2004, Public Law 108-453 , sec. 2, 118 Stat.
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