`571-272-7822
`
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`
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`
`
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` Paper 11
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`
`
` Entered: October 14, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHOLOGIES CORP., and
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioner,
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01375
`Patent 9,048,000 B2
`____________
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`DECISION
`Motion to File a Request for a Certificate of Correction
`37 C.F.R. §§ 42.20 and 1.322(a)
`
`
`
`Patent Owner seeks to correct typographical errors in claim 25 of U.S.
`
`Patent 9,048,000 B2 (“the ’000 patent”). Paper 10, 58. We consider Patent
`
`Owner’s request as a Motion to File a Request for a Certificate of
`
`Correction. For the reasons stated below, Patent Owner’s Motion is granted.
`
`
`
`IPR2015-01375
`Patent 9,048,000 B2
`
`
`
`We observe that the Director has the authority to issue a certificate of
`
`correction for certain mistakes in a patent, pursuant to 35 U.S.C. § 254,
`
`which, in part, states:
`
`Whenever a mistake in a patent, incurred through the fault of
`the Patent and Trademark Office, is clearly disclosed by the
`records of the Office, the Director may issue a certificate of
`correction stating the fact and nature of such mistake, under
`seal, without charge, to be recorded in the records of patents.
`
`Furthermore, a patent owner may ask the Director to issue such a
`
`certificate under 37 C.F.R. § 1.322(a), which states:
`
`(a)(1) The Director may issue a certificate of correction
`pursuant to 35 U.S.C. 254 to correct a mistake in a patent,
`incurred through the fault of the Office, which mistake is
`clearly disclosed in the records of the Office:
`
`(i) At the request of the patentee or the patentee’s
`assignee . . .
`
`(3) If the request relates to a patent involved in an interference
`or trial before the Patent Trial and Appeal Board, the request
`must comply with the requirements of this section and be
`accompanied by a motion under § 41.121(a)(2), § 41.121(a)(3),
`or § 42.20 of this title.
`
`Here, in particular, Patent Owner requests correction of the following
`
`typographical errors in clam 25 of the ’000 patent (Paper 10, 58):
`
`Patent Owner also indicates that the errors are disclosed clearly in the
`
`records of the application that issued as the ’000 patent—e.g., on page 6 of
`
`
`
`2
`
`
`
`IPR2015-01375
`Patent 9,048,000 B2
`
`
`
`the Amendment and Response filed by the Patent Owner on March 6, 2015.
`
`Id. More importantly, Patent Owner confirms that claim 25 of the ’000
`
`patent is not involved in this inter partes review. Id. As such, a certificate
`
`of correction for the aforementioned typographical errors will not impact
`
`this review.
`
`
`
`In consideration of the foregoing, it is
`
`ORDER
`
`ORDERED that Patent Owner’s Motion to File a Request for a
`
`Certificate of Correction (Paper 10, 58) is granted; and
`
`FURTHER ORDERED that Patent Owner is authorized to file a
`
`request, under 37 C.F.R. § 1.322(a), for a certificate of correction as to the
`
`aforementioned typographical errors in claim 25 of the ’000 patent, in
`
`accordance with § 1480 or § 1480.01 of the Manual of Patent Examining
`
`Procedure (9th ed. 2014).
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-01375
`Patent 9,048,000 B2
`
`
`
`PETITIONERS:
`
`Donald R. Steinberg
`David L. Cavanaugh
`Michael H. Smith
`
`Wilmer Cutler Pickering Hale & Dorr LLP
`
`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
`
`
`
`
`
`PATENT OWNER:
`
`Steven M. Bauer
`Joseph A. Capraro Jr.
`
`Proskauer Rose LLP
`
`PTABMattersBoston@proskauer.com
`JCapraro@proskauer.com
`
`
`
`4
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