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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`E. I. DU PONT DE NEMOURS AND COMPANY and
`ARCHER-DANIELS-MIDLAND COMPANY,
`Petitioners,
`
`v.
`
`FURANIX TECHNOLOGIES B.V.,
`Patent Owner.
`
`____________________
`
`Case IPR2015-01838
`Patent 8,865,921 B2
`____________________
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`
`
`
`
`
`

`

`
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. 90.2(a), Petitioners E. I. du
`
`Pont de Nemours and Company and Archer-Daniels-Midland Company
`
`(collectively, “Petitioners”) hereby give notice of their appeal under 35 U.S.C.
`
`§ 141(c) to the United States Court of Appeals for the Federal Circuit from the
`
`Final Written Decision (Paper 43) issued by the Patent Trial and Appeal Board
`
`(“the Board”) on March 3, 2017 in the above-captioned proceeding, and from
`
`all other orders, decisions, rulings, and opinions underlying or related to the
`
`Final Written Decision.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on
`
`appeal include, but are not limited to, the Board’s failure to construe the
`
`disputed claim terms; its misapplication of the law of obviousness in the
`
`context of overlapping ranges; and its decision that Petitioners did not show by
`
`a preponderance of the evidence that claims 1-5 and 7-9 of U.S. Patent
`
`8,865,921 B2 are unpatentable as obvious under 35 U.S.C. § 103(a) and any
`
`finding or determination supporting or relating to that issue, as well as all other
`
`issues decided adversely to Petitioners or not considered in any orders,
`
`decisions, rulings, or opinions.
`
`This Notice of Appeal is being filed simultaneously with the Director of
`
`the United States Patent and Trademark Office, the Board, and the Clerk’s
`
`
`
`
`
`
`
`

`

`
`
`
`
`Office for the United States Court of Appeals for the Federal Circuit.
`
` /Michael S. Marcus/
`By: ____________________
`Michael S. Marcus
` Registration No.: 31,727
`Dipu A. Doshi
` Registration No.: 60,073
`Jonathan W.S. England
` Registration No.: 71,223
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2200
`Attorneys for Petitioners
`
`
`2
`
`
`Dated: May 2, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF FILING
`
`Pursuant to 37 C.F.R. § 104.2, the undersigned certifies that, in addition to
`
`being filed electronically through the Patent Trial and Appeal Board End to End
`
`system, the original version of the foregoing PETITIONERS’ NOTICE OF
`
`APPEAL was filed with the Director of the United States Patent and Trademark
`
`Office at the following address:
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, Virginia
`
`
`The undersigned also certifies that a copy of the foregoing PETITIONERS’
`
`NOTICE OF APPEAL, and the filing fee, were filed with the Clerk’s Office for
`
`the United States Court of Appeals for the Federal Circuit via CM/ECF.
`
`
`
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF FILING
`
`The undersigned certifies that a copy of the foregoing PETITIONERS’
`
`NOTICE OF APPEAL is being served on counsel of record by electronic mail.
`
` /Jonathan W.S. England/
`By: ____________________
`Jonathan W.S. England
` Registration No.: 71,223
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2200
`Attorney for Petitioner
`
`
`
`
`
`
`
`Dated: May 2, 2017
`
`
`
`
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`
`
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`
`
`
`
`
`

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