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` Paper No. 28
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` Entered: February 22, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01879
`Patent 8,492,933 B2
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
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`IPR2015-01879
`Patent 8,492,933 B2
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`I.
`INTRODUCTION
`Apple Inc. (“Petitioner”) filed a Petition (Paper 2, “Pet.”) requesting
`inter partes review of claims 1 and 2 of U.S. Patent No. 8,492,933 B2 (Ex.
`1001, “the ’933 patent”). Comarco Wireless Technologies, Inc. (“Patent
`Owner”) filed a Preliminary Response. Paper 13. Pursuant to 35 U.S.C.
`§ 314(a), we determined the Petition showed a reasonable likelihood that
`Petitioner would prevail in establishing the unpatentability of claims 1 and 2
`and instituted an inter partes review of those claims. Paper 15, 16. Patent
`Owner filed a Patent Owner Response (Paper 17, “PO Resp.”) and Petitioner
`filed a Reply to Patent Owner’s Response (Paper 18, “Reply”). An oral
`hearing was held before the Board. Paper 26.
`We issue this Final Written Decision pursuant to 35 U.S.C. § 318(a)
`and 37 C.F.R. § 42.73. Having considered the record before us, we
`determine Petitioner has shown by a preponderance of the evidence that
`claims 1 and 2 of the ’933 patent are unpatentable. See 35 U.S.C. § 316(e).
`
`II. BACKGROUND
`A. RELATED PROCEEDINGS
`The parties assert the ’933 patent is involved in Comarco Wireless
`Technologies, Inc. v. Apple Inc., Case No. 8:15-cv-00145-AG, currently
`pending in the United States District Court for the Central District of
`California. Pet. 2; Paper 5, 1.
`B. THE ’933 PATENT
`The ’933 patent is directed to power supply equipment for electronic
`devices. Ex. 1001, Abstract. Figure 3 of the ’933 patent is reproduced
`below:
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`Figure 3 depicts a power supply system for use with either AC or DC power
`source 300 or 305, which is connected to adapter 340, which is then
`connected via cable 350 to tip 330, which provides power to electronic
`device 335. Id. at 3:37–57, 4:19–54. According to the ’933 patent, circuitry
`in adapter 340 may output a signal based on information about the power
`source, and that signal may be sent via cable 350 to tip 330 and then on to
`electronic device 335. Id. at 4:43–54. Based on the signal, the electronic
`device 335 may control the amount of power drawn to prevent overheating.
`Id. at 3:26–28, 4:54–63. The ’933 patent explains also that tips “may be
`removable from the cable 350” and “may have different shapes and sizes,
`depending [on] the shape and sizes of the power input openings of the
`respective electronic devices 335 being powered.” Id. at 3:55–60.
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`C. CHALLENGED CLAIMS
`Challenged claims 1 and 2 of the ’933 patent recite as follows:
`1. Power supply equipment comprising:
`an adapter to convert power from a power source, external to
`the adapter, to DC power for powering an electronic device, the
`adapter including circuitry for producing an analog data signal
`for use by the electronic device to control an amount of power
`drawn by the electronic device; and
`a cable having proximal and distal ends, the proximal end being
`electrically coupled to the adapter and the distal end terminating
`in an output connector, the output connector including:
`a plurality of conductors to transfer the DC power and the
`analog data signal to the electronic device; and
`circuitry to receive a data request from the electronic device and
`in response transmit a data output to the electronic device to
`identify the power supply equipment to the electronic device.
`2. The power supply equipment of claim 1 wherein the output
`connector can be detached from the cable.
`
`Ex. 1001, 10:34–52.
`D. INSTITUTED GROUNDS OF UNPATENTABILITY
`We instituted inter partes review of claims 1 and 2 to determine
`whether they are unpatentable under 35 U.S.C. § 103(a) over the combined
`teachings of U.S. Patent No. 7,243,246 B2 (issued July 10, 2007) (Ex. 1003,
`“Allen”), U.S. Patent No. 7,296,164 B2 (issued Nov. 13, 2007) (Ex. 1004,
`“Breen”), and U.S. Patent No. 6,054,846 (issued Apr. 25, 2000) (Ex. 1005,
`“Castleman”). Inst. Dec. 16.
`
`III. ANALYSIS
`A. PRINCIPLES OF LAW
`Petitioner bears the burden of proving unpatentability of the
`challenged claims, and that burden never shifts to Patent Owner. Dynamic
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`Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir.
`2015). To prevail, Petitioner must establish the facts supporting its
`challenge by a preponderance of the evidence. 35 U.S.C. § 316(e);
`37 C.F.R. § 42.1(d).
`A claim is unpatentable under 35 U.S.C. § 103(a) 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 to a person of
`ordinary skill in the art at the time of the invention. KSR Int’l Co. v. Teleflex
`Inc., 550 U.S. 398, 406 (2007). Obviousness is resolved based on
`underlying factual determinations, including (1) the scope and content of the
`prior art; (2) any differences between the claimed subject matter and the
`prior art; (3) the level of ordinary skill in the art; and (4) objective evidence
`of nonobviousness, i.e., secondary considerations. See Graham v. John
`Deere Co., 383 U.S. 1, 17–18 (1966).
`
`B. CLAIM CONSTRUCTION
`We conclude that no express claim construction is necessary to
`resolve whether Petitioner has demonstrated claims 1 and 2 of the ’933
`patent are unpatentable. See Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc.,
`200 F.3d 795, 803 (Fed. Cir. 1999) (“[O]nly those terms need be construed
`that are in controversy, and only to the extent necessary to resolve the
`controversy.”).
`
`C. ASSERTED PRIOR ART
`
`1. Allen (Ex. 1003)
`Allen discloses power supply equipment for managing power to an
`electronic device. Ex. 1003, Abstract, 1:10–18. Allen’s Figure 4 is
`reproduced below:
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`Figure 4 is a block diagram of the system components in Allen’s power
`adapter. Id. at 5:6–7. Allen describes that the power adapter includes “[a]
`power detection circuit . . . operable to detect whether the power source is
`AC or DC.” Id. at 5:17–18. The power detection circuit transmits the
`information via a data signal to the electronic device’s power management
`components, which then use the information to “implement various power
`management functions.” Id. at 5:21–34.
`2. Breen (Ex. 1004)
`Breen discloses power supply equipment for managing power
`supplied to an electrical device—what Breen refers to as an “Information
`Handling System” or “IHS”—such as a notebook computer or cellular
`phone. Ex. 1004, 1:6–19, 4:13–15. Breen’s “power supply system includes
`one or more power peripherals, devices or components, which are inter-
`connected in an arrangement to provide power to a load device such as the
`portable IHS device.” Id. at 4:15–19 (reference numerals omitted). Breen
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`describes that some power peripherals may “receive and convert power from
`one form or type to another,” while others “may pass through a signal
`received as an input to generate an output signal, which is substantially the
`same as the input signal.” Id. at 4:19–25. Breen discloses further “a power
`supply identification (PSID) scheme to identify the various types of power
`supply sources present.” Id. at 5:1–3. Particularly relevant to this case,
`Breen explains that “to determine its power source and optimize its
`performance, a controller included within the portable IHS device sends a
`request signal to one or more power peripherals over a bi-directional PSID
`line to request PSID information. Each power peripheral, which is queried,
`sends a response signal over the PSID line.” Id. at 5:31–37 (reference
`numerals omitted). Breen notes “[i]n one embodiment, the PSID may be a
`certain current or voltage level present on a sense line.” Id. at 6:2–4
`3. Castleman (Ex. 1005)
`Castleman teaches a single power supply for multiple electronic
`devices with different power requirements. Ex. 1005, 4:44–50. Information
`about an individual electronic device is encoded in a memory chip
`associated with that device, and is provided to the power supply when the
`electronic device is connected to the power supply. Id. at 4:60–65. The
`power supply “accepts and analyzes information from the individual-device
`memory chips,” and controls the power supply to provide power to the
`electronic device at the appropriate level. Id. at 4:51–5:2. Particularly
`important to this case, Castleman includes an embodiment in which an
`output connector of a cable that plugs into an electronic device contains the
`memory chip that identifies the individual electronic device to the power
`supply. Id. at 9:31–35, 16:58–68.
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`D. OBVIOUSNESS OF CLAIMS 1 AND 2 BASED ON ALLEN, BREEN, AND
`CASTLEMAN
`Petitioner asserts the challenged claims would have been obvious over
`Allen in combination with Breen and Castleman. Pet. 30–41. Patent Owner
`responds, arguing the combination of Allen and Breen fails to teach “the
`adapter including circuitry for producing an analog data signal for use by the
`electronic device to control an amount of power drawn by the electronic
`device,” as claims 1 and 2 require. PO Resp. 15–23. Patent Owner
`challenges also Petitioner’s proffered reason for combining Allen’s, Breen’s,
`and Castleman’s teachings. Id. at 24–33. Based on our review of the
`arguments and evidence in the Petition, Response, and Reply, we determine
`Petitioner has demonstrated, by a preponderance of evidence, the subject
`matter of claims 1 and 2 would have been obvious over Allen, Breen, and
`Castleman, as explained below.
`1. The Combination of Allen and Breen Teaches the Disputed Limitation
`“the adapter including circuitry for producing an analog data signal for
`use by the electronic device to control an amount of power drawn by the
`electronic device”
`Claim 1 (and, by dependence, claim 2) requires “the adapter including
`circuitry for producing an analog data signal for use by the electronic device
`to control an amount of power drawn by the electronic device.” We agree
`with Petitioner that the combination of Allen and Breen teaches this
`limitation. See Pet. 16–18, 27, 33–34, 39–40. In particular, as Petitioner
`explains, Allen teaches an adapter with identification circuits that produce
`data signals, which are transmitted to an electronic device. Pet. 16 (citing
`Ex. 1003, Fig. 4, 5:21–42). Allen teaches also that the electronic device uses
`those transmitted data signals “to implement various power management
`functions,” including “reduc[ing] the total power drawn by the device,
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`thereby controlling the amount of power drawn by the electronic device
`from the adapter.” Id. (citing Ex. 1003, Fig. 4, 5:21–42; Ex. 1010 ¶ 71).
`Although Allen does not teach explicitly that the outgoing signal from the
`adapter to the electronic device is analog, we agree with Petitioner that
`Breen discloses circuitry for producing an outgoing analog signal. Pet. 33–
`34. In particular, Breen teaches generating an analog power event signal
`that is “a pulse signal having a predetermined width,” Ex. 1004, 6:35–42, as
`well as an analog output signal transmitting PSID information through a
`“current or voltage level present on a sense line,” id. at 6:2–4. See Ex. 1010
`¶ 89.
`
`Patent Owner raises two arguments in challenging whether the
`combination of Allen and Breen teaches the disputed limitation (i.e., “an
`adapter including circuitry for producing an analog data signal for use by the
`electronic device to control an amount of power drawn by the electronic
`device”). Patent Owner does not dispute that Breen teaches circuity for
`producing an analog signal. See PO Resp. 22–26; Ex. 1021, 116:22–25.
`Instead, Patent Owner argues (1) Breen’s output signal is not generated by
`circuitry in an adapter and (2) Breen’s electronic device does not use the
`power event signal to control the amount of power drawn by the electronic
`device because that signal prompts another signal—a PSID
`request/response—that the electronic device uses to adjust power parameters
`and device performance. PO Resp. 23.
`We disagree with Patent Owner’s first argument because, although
`Breen teaches an embodiment in which an external battery generates the
`power event signal, see Ex. 1004, 6:35–40, Breen teaches another
`embodiment without an external battery, in which the first power peripheral
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`(i.e. the power adapter) connects directly to the electronic device, see id. at
`6:10–18. We agree with Petitioner that in Breen’s single power-peripheral
`embodiment, the power event is generated in the power adapter periphery,
`not the battery. See Pet. Reply 10–11; Ex. 1004, 5:53–65, 6:10–18. We
`disagree with Patent Owner’s second argument because it requires reading
`into claim 1 a limitation not present in the claim’s plain language—that only
`one signal (i.e., the PSID signal) can be used to control an amount of power
`drawn by the electronic device. See PO Resp. 23. Breen’s electronic device
`uses both the power event signal and PSID signal to control an amount of
`power drawn by the electronic device. As Petitioner explains, Breen’s
`power event trigger “is used by the IHS to change the amount of power
`drawn, because it triggers a query for PSID data, which is then used to
`change the power drawn.” Reply 11; see Pet. 33–34.
`In addition, we are not persuaded by Patent Owner’s two arguments
`challenging Breen because even if Patent Owner were correct in its
`characterization of Breen, those arguments would not ultimately undermine
`obviousness because it is undisputed that Allen teaches both features Patent
`Owner alleges are missing from Breen: (1) an output signal that controls the
`amount of power drawn by an electric device and (2) an adapter that
`includes the circuitry for producing the output signal. See PO Resp. 15–22
`(challenging only whether Allen’s signal is analog, not whether it is
`produced in a power adapter or used by the electronic device to control the
`amount of power drawn); see also Pet. 16; Ex. 1003, 5:21–42, Fig. 4; Ex.
`1010 ¶ 71. In short, Patent Owner’s arguments are not persuasive because
`they attack Breen individually, rather than the combined teachings of Allen
`and Breen. See In re Keller, 642 F.2d 413, 425 (CCPA 1981).
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`For the reasons explained above, we find Petitioner has shown the
`combination of Allen and Breen teaches “the adapter including circuitry for
`producing an analog data signal for use by the electronic device to control an
`amount of power drawn by the electronic device,” as claims 1 and 2 require.
`2. Undisputed Limitations
`Petitioner contends the combination of Allen, Breen, and Castleman
`discloses the remaining, unchallenged limitations of claims 1 and 2. See Pet.
`30–41. Patent Owner does not address the merits of Petitioner’s assertions
`regarding the asserted prior art’s disclosure of those limitations. See PO
`Resp. 15–33. We are persuaded by Petitioner’s assertions, as explained
`below.
`a. Claim 1
`Petitioner has shown Allen discloses “an adapter to convert power
`from a power source, external to the adapter, to DC power for powering an
`electronic device.” See Pet. 39; see also id. at 27 (citing Ex. 1003, 1:10–13,
`2:24–33, 3:65–67, 4:1–3, 5:6–17, Figs. 3, 4; Ex. 1010 ¶ 70). Petitioner has
`shown Allen discloses “a cable having proximal and distal ends, the
`proximal end being electrically coupled to the adapter and the distal end
`terminating in an output connector.” See Pet. 34; see also id. at 28 (citing
`Ex. 1003, 3:20–22, 4:3–6, 4:11–13, Figs. 1, 3, 4; Ex. 1010 ¶¶ 73–74).
`Petitioner has shown Allen discloses “the output connector including: a
`plurality of conductors to transfer the DC power and the analog data signal
`to the electronic device.” See Pet. 34; see also id. at 28 (citing Ex. 1003,
`4:3–6, 4:11–13, Figs. 3, 4; Ex. 1010 ¶ 75). Petitioner has shown also the
`combination of Allen, Breen, and Castleman teaches “the output connecter
`including . . . circuitry to receive a data request from the electronic device
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`and in response transmit a data output to the electronic device to identify the
`power supply equipment to the electronic device” because Allen teaches the
`claimed identification circuitry (see Pet. 20–21 (citing Ex. 1003, 4:33–35,
`5:21–51, 5:60–6:3; Ex. 1010 ¶ 77 ), 35–36), Breen teaches sending an
`identification signal in response to a data request (see Pet. 35 (citing Ex.
`1004, 5:31–43; Ex. 1010 ¶ 93)), and Castleman teaches placing
`identification circuitry in an output connector at the distal end of an
`adapter’s cable (see Pet. 35–36 (citing Ex. 1005, Abstract, 3:54–6:27, 9:26–
`35, 10:1–11, 18:11–13, Figs. 1, 2; Ex. 1010 ¶ 94)).
`b. Claim 2
`Petitioner has shown Castleman discloses the additional limitation in
`dependent claim 2: “wherein the output connector can be detached from the
`cable.” See Pet. 38 (citing Ex. 1005, 8:15–18; Ex. 1010 ¶ 98).
`3. Rationale for Combining Allen, Breen, and Castleman
`As explained below, we find Petitioner articulated sufficient reasoning
`with some rational underpinning to support the legal conclusion that its
`proffered combination would have been obvious to one of ordinary skill in
`the art, as explained below. See KSR, 550 U.S. at 418.
`i. Combining Allen and Breen
`To the extent Allen does not teach request/response circuitry or
`producing an analog data signal, we find Petitioner explains not only how
`Breen teaches those features, but also why including them would have been
`obvious to one skilled in the art. See Pet. 36–38. Petitioner explains, with
`relevant support from its Declarant, that one skilled in the art would combine
`Breen’s request/response circuitry with Allen’s power supply equipment
`because “Breen offers a more efficient design choice—transmitting a signal
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`only in response to a request from the electronic device requires less power
`and creates less heat waste than transmitting a constant signal.” Pet. 37
`(citing Ex. 1010 ¶ 96). Petitioner asserts also that Breen’s request/response
`circuitry was a known, predictable alternative to Allen’s identification
`circuitry because “both lead to the same, predictable result—whether
`triggered by a request by the electronic device or not, the power supply
`equipment sends the electronic device a signal that identifies the power
`supply equipment to the electronic device, which the electronic device can
`use to adjust power use settings.” Pet. 36–37 (citing Ex. 1010 ¶ 95). We
`agree with Petitioner that Breen’s request/response circuitry combined with
`Allen’s power supply equipment would provide a more power-efficient
`design over comparable circuitry that continuously broadcasts an
`identification signal. We agree further that Petitioner’s proposed
`combination amounts to an obvious combination of familiar elements (i.e.,
`Allen’s power supply equipment and Breen’s request/response circuitry)
`according to known methods, yielding only the predictable result of
`identifying power supply equipment to facilitate controlling power use
`settings based on the identification. See KSR, 550 U.S. at 416.
`Petitioner has sufficiently explained also why it would have been
`obvious to employ an analog output signal with Allen’s power supply
`equipment, in light of Breen’s disclosure of such analog signals. As
`Petitioner explains, “a person ordinary skill in the art would have had only
`two options in implementing the circuit illustrated in [Allen’s] Figure 4: an
`analog signal or a digital signal.” Pet. 17 (citing Ex. 1010 ¶ 72). Because,
`as Breen makes clear, analog identification signals were known, we agree
`with Petitioner that “[a] person of ordinary skill in the art would have
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`understood that either an analog signal or a digital signal can contain data for
`use by an electronic device in performing power management functions.”
`See id.; see also KSR, 550 U.S. at 402 (explaining that “[w]hen there is a
`design need or market pressure to solve a problem and there are a finite
`number of identified, predictable solutions, a person of ordinary skill has
`good reason to pursue the known options within his or her technical grasp”).
`Patent Owner asserts one skilled in the art would not combine Breen
`and Allen because the resulting power savings are too small to motivate one
`skilled in the art to redesign Allen to include Breen’s request/response
`circuitry. PO Resp. 25–26. We disagree. First, “the test for obviousness is
`what the combined teachings of the references would have suggested to
`those having ordinary skill in the art,” not the logistics of physically
`redesigning one reference to include elements from another. See In re
`Mouttet, 686 F.3d 1322, 1332 (Fed. Cir. 2012) (“a determination of
`obviousness based on teachings from multiple references does not require an
`actual physical substitution of elements”). So long as Breen’s
`request/response circuitry could improve efficiency, it is irrelevant whether
`that improvement would be enough to justify modifying a physical
`embodiment of Allen’s power supply equipment. In addition, even without
`power savings, the proffered combination would still be an obvious
`combination of familiar elements according to known methods that does no
`more than yield predictable results, as explained above. See KSR, 550 U.S.
`at 402.
`ii. Combining Castleman with Allen, as Modified by Breen
`Petitioner also has articulated sufficient reasoning with some rational
`underpinning to support the legal conclusion that it would have been obvious
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`to one of ordinary skill in the art to combine Castleman’s teaching related to
`placing the identification circuitry in the output connector of the distal end
`of a power supply with Allen’s power supply equipment, as modified by
`Breen. See KSR, 550 U.S. at 418. Petitioner explains, with relevant support
`from its Declarant and the prior art, that one skilled in the art would have
`been motivated to combine Castleman’s circuit placement for cost benefits
`(i.e., avoiding an additional conductor along the length of the cable) and
`flexibility (i.e., “solving the ‘multiple-power-supply problems’ addressed in
`the patent.”). Pet. 38 (citing Ex. 1005, 4:22–27, 10:3–6); see also Reply 17.
`Thus, we find one skilled in the art would have had reason to combine
`Castleman’s teachings with Allen, as modified by Breen, in the manner
`advanced by Petitioner.
`Patent Owner does not contest that placing a PSID chip in a cable’s
`output connector (as taught in Castleman) has cost and flexibility benefits
`over housing it in the adapter itself (as taught in Breen and Allen). Instead,
`Patent Owner argues that one skilled in the art would not combine
`Castleman with Allen because “[i]n Allen and Breen . . . the PSID
`identification circuit or chip is already built into a circuit board in an adapter
`or peripheral battery” and “a person of ordinary skill would have no need or
`desire to incur the expense and complications of moving a PSID chip from
`an adapter or a battery to a cable output connector.” PO Resp. 29–30.
`Patent Owner asserts also that applying Castleman’s teaching to detachable
`cables would be problematic because PSID data could be mismatched with a
`power adapter it does not represent. Id. at 31–32.
`We disagree with Patent Owner’s first argument because it relates to
`the logistics of physically redesigning one reference to include elements
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`from the other, rather than looking to what the combined references’
`teachings would have suggested to one with ordinary skill in the art. See
`Mouttet, 686 F.3d at 1332. We disagree with Patent Owner’s second
`argument because even if the proposed modification taught in Castleman
`introduces the potential for mismatched PSID data and power adapters for
`detachable cables, that tradeoff does not necessarily undermine Petitioner’s
`proffered combination given Petitioner’s articulated benefits, including
`reduced cost and increased flexibility. See Winner Int’l Royalty Corp. v.
`Wang, 202 F.3d 1340, 1349 n.8 (Fed. Cir. 2000) (“The fact that the
`motivating benefit comes at the expense of another benefit, however, should
`not nullify its use as a basis to modify the disclosure of one reference with
`the teachings of another. Instead, the benefits, both lost and gained, should
`be weighed against one another.”).
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`IV. CONCLUSION
`For the reasons explained above, having considered the parties’
`contentions and supporting evidence, we determine Petitioner has shown by
`a preponderance of the evidence the subject matter of claims 1 and 2 would
`have been obvious over Allen, Breen, and Castleman and that those claims
`are therefore unpatentable under 35 U.S.C. § 103(a).
`
`V. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner has shown by a preponderance of the
`evidence that claims 1 and 2 of the ’933 patent are unpatentable; and
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`FURTHER ORDERED that, because this is a Final Written Decision,
`the parties to the proceeding seeking judicial review of the decision must
`comply with the notice and service requirements of 37 C.F.R. § 90.2.
`
`PETITIONER:
`
`Xin-Yi Zhou
`Cameron Westin
`Scot Rives
`O’MELVENY & MYERS LLP
`vzhou@omm.com
`cwestin@omm.com
`srives@omm.com
`
`
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`
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`PATENT OWNER:
`
`Harris Wolin
`GRAHAM CURTIN, PA
`hwolin@grahamcurtin.com
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