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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`––––––––––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––––––––––
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`OWENS CORNING,
`Petitioner,
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`v.
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`FAST FELT CORPORATION,
`Patent Owner.
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`––––––––––––––––––
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`Case No. IPR2015-00650
`U.S. Patent No. 8,137,757 B2
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`––––––––––––––––––
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`PETITIONER OWENS CORNING’S NOTICE OF APPEAL
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`{03936360.DOCX;1 }
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`IPR2015-00650
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`Notice of Appeal
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`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37
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`C.F.R. §§ 90.2-3, Petitioner Owens Corning appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision of the Patent Trial
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`and Appeal Board (“Board”) entered on August 11, 2016 (Paper No. 32) (“Final
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`Written Decision”), and from all underlying findings, determinations, rulings,
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`opinions, orders and decisions regarding the inter partes review of U.S. Patent No.
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`8,137,757 (“ ’757 patent”). A copy of the Final Written Decision is attached.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Owens Corning states that the
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`issues on appeal include, but are not limited to: the Board’s construction of the
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`terms in claims 1, 2, 4, 6 and 7 of the ’757 patent; the Board’s determination that
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`claims 1, 2, 4, 6 and 7 of the ’757 patent have not been shown by a preponderance
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`of the evidence to be unpatentable as obvious by U.S. Patent No. 6,451,409
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`(“Lassiter”) in view of U.S. Patent No. 5,101,759 (“Hefele”); the Board’s
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`determination that claims 1, 2, 4, and 6 of the ’757 patent have not been shown by
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`a preponderance of the evidence to be unpatentable as obvious by Lassiter in view
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`of U.S. Patent No. 5,597,618 (“Bayer”); the Board’s determination that claims 1, 2,
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`4, 6 and 7 of the ’757 patent have not been shown by a preponderance of the
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`evidence to be unpatentable as obvious by Lassiter in view of U.S. Patent No.
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`6,875,710 (“Eaton”); the Board’s consideration of the level of skill in the art,
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`expert testimony, prior art, the state of the art, and other evidence in the record;
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`IPR2015-00650
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`Notice of Appeal
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`and the Board’s factual findings, conclusions of law, or other determinations
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`supporting or related to those issues, as well as all other issues decided adversely to
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`Owens Corning in any orders, decisions, rulings and opinions.
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`This Notice of Appeal is being e-filed with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit, along with payment of the required
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`docketing fees. In addition, copies of this Notice of Appeal are being filed
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`simultaneously with the Patent Trial and Appeal Board.
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`Dated: September 2, 2016
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`Respectfully Submitted,
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`/s/ Mark W. McDougall
`Mark W. McDougall
`Reg. No. 62,670
`CALFEE, HALTER, & GRISWOLD,
`LLP
`1405 E. 6th Street
`Cleveland, Ohio 44114
`npejic@calfee.com
`(216) 622-8835
`Attorney for Petitioner Owens Corning
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`{03936360.DOCX;1 }
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`IPR2015-00650
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`Notice of Appeal
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`CERTIFICATE OF SERVICE
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`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board’s End to End System (PTAB E2E), a copy of this
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`Patent Owner’s Notice of Appeal was filed by hand on September 2, 2016 with the
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`Director of the United States Patent and Trademark office, at the following
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`address:
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`Director of the United States Patent and Trademark Office
`c/o Office of General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`Dated: September 2, 2016
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`Respectfully Submitted,
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`/s/ Mark W. McDougall
`Mark W. McDougall
`Reg. No. 62,670
`CALFEE, HALTER, & GRISWOLD,
`LLP
`1405 E. 6th Street
`Cleveland, Ohio 44114
`npejic@calfee.com
`(216) 622-8835
`Attorney for Petitioner Owens Corning
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`{03936360.DOCX;1 }
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`
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`IPR2015-00650
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`Notice of Appeal
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of this Notice of Appeal was filed electronically
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`through the United States Court of Appeals for the Federal Circuit’s CM/ECF
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`system on September 2, 2016.
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`Dated: September 2, 2016
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`Respectfully Submitted,
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`/s/ Mark W. McDougall
`Mark W. McDougall
`Reg. No. 62,670
`CALFEE, HALTER, & GRISWOLD,
`LLP
`1405 E. 6th Street
`Cleveland, Ohio 44114
`npejic@calfee.com
`(216) 622-8835
`Attorney for Petitioner Owens Corning
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`{03936360.DOCX;1 }
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`IPR2015-00650
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`Notice of Appeal
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`CERTIFICATE OF SERVICE
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`I further certify that a true and correct copy of this Notice of Appeal was
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`served, by electronic mail, on September 2, 2016 upon the following:
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`James D. Petruzzi
`THE PETRUZZI LAW FIRM
`Jpetruzzi@MasonPetruzzi.com
`Counsel for Patent Owner Fast Felt Corporation
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`Jennifer Yancy
`YANCY IP LAW, PLLC
`jyancy@yancyip.com
`Counsel for Patent Owner Fast Felt Corporation
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`Gregory Porter
`ANDREWS KURTH, LLP
`GregPorter@andrewskurth.com
`Counsel for Patent Owner Fast Felt Corporation
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`Dated: September 2, 2016
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`Respectfully Submitted,
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`/s/ Mark W. McDougall
`Mark W. McDougall
`Reg. No. 62,670
`CALFEE, HALTER, & GRISWOLD,
`LLP
`1405 E. 6th Street
`Cleveland, Ohio 44114
`npejic@calfee.com
`(216) 622-8835
`Attorney for Petitioner Owens Corning
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`{03936360.DOCX;1 }