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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`E. I. DU PONT DE NEMOURS AND COMPANY and
`ARCHER-DANIELS-MIDLAND COMPANY,
`Petitioners,
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`v.
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`FURANIX TECHNOLOGIES B.V.,
`Patent Owner.
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`Case IPR2015-01838
`Patent 8,865,921 B2
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`PETITIONERS’ NOTICE OF APPEAL
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. 90.2(a), Petitioners E. I. du
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`Pont de Nemours and Company and Archer-Daniels-Midland Company
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`(collectively, “Petitioners”) hereby give notice of their appeal under 35 U.S.C.
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`§ 141(c) to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision (Paper 43) issued by the Patent Trial and Appeal Board
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`(“the Board”) on March 3, 2017 in the above-captioned proceeding, and from
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`all other orders, decisions, rulings, and opinions underlying or related to the
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`Final Written Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on
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`appeal include, but are not limited to, the Board’s failure to construe the
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`disputed claim terms; its misapplication of the law of obviousness in the
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`context of overlapping ranges; and its decision that Petitioners did not show by
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`a preponderance of the evidence that claims 1-5 and 7-9 of U.S. Patent
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`8,865,921 B2 are unpatentable as obvious under 35 U.S.C. § 103(a) and any
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`finding or determination supporting or relating to that issue, as well as all other
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`issues decided adversely to Petitioners or not considered in any orders,
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`decisions, rulings, or opinions.
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`This Notice of Appeal is being filed simultaneously with the Director of
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`the United States Patent and Trademark Office, the Board, and the Clerk’s
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`Office for the United States Court of Appeals for the Federal Circuit.
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` /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
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`2
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`Dated: May 2, 2017
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`CERTIFICATE OF FILING
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`Pursuant to 37 C.F.R. § 104.2, the undersigned certifies that, in addition to
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`being filed electronically through the Patent Trial and Appeal Board End to End
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`system, the original version of the foregoing PETITIONERS’ NOTICE OF
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`APPEAL was filed with the Director of the United States Patent and Trademark
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`Office at the following address:
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`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
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`The undersigned also certifies that a copy of the foregoing PETITIONERS’
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`NOTICE OF APPEAL, and the filing fee, were filed with the Clerk’s Office for
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`the United States Court of Appeals for the Federal Circuit via CM/ECF.
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`CERTIFICATE OF FILING
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`The undersigned certifies that a copy of the foregoing PETITIONERS’
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`NOTICE OF APPEAL is being served on counsel of record by electronic mail.
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` /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
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`Dated: May 2, 2017
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