`571-272-7822
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`Paper 10
`Date: October 17, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOLOGIC, INC.,
`Petitioner,
`
`v.
`
`ENZO LIFE SCIENCES, INC.,
`Patent Owner.
`
`
`
`Case IPR2016-00820
`Patent 7,064,197 B1
`
`
`
`
`Before MICHAEL J. FITZPATRICK, ZHENYU YANG, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`
`
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`FITZPATRICK, Administrative Patent Judge.
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`
`
`ORDER
`Errata to Institution Decision Entered October 4, 2016
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2016-00820
`Patent 7,064,197 B1
`
`On October 4, 2016, we instituted trial. Paper 8 (“Institution
`
`Decision”). In the concluding section of our Institution Decision, titled
`
`“ORDER,” we identified the grounds for trial. Id. at 26. In doing so, we
`
`incompletely listed the claims that are challengeable at trial as anticipated by
`
`Fish (i.e., Ground 1). In particular, we inadvertently listed only dependent
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`claims, whereas independent claims 1, 6, 8, 9, 12–15, and 27 also should
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`have been listed. Compare id. at 14, with id. at 26.
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`Accordingly, we amend our Institution Decision. Trial is instituted on
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`the following grounds (amendments shown in underlining):
`
`(1) claims 1, 6, 8, 9, 12–15, 16, 27, 32–34, 41, 61–63, 69, 70, 72–74, 79,
`100, 191, 193, 194, 212, 213, 219, 222, 225–227, 230, 233, and 236
`as anticipated by Fish;
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`(2) claims 31, 64, 68, 101, 192, and 195 as obvious over Fish;
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`(3) claims 38, 78, and 218 as obvious over Fish and Gilham;
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`(4) claims 1, 6, 8, 9, 12–15, 27, 31, 32, 34, 61–63, 68–70, 72, 74, 79,
`100, 191–193, 194, 213, 219, 226, 227, and 236 as anticipated by
`VPK;
`
`(5) claims 33, 41, 73, 212, 225, and 233 as obvious over VPK and
`Metzgar; and
`
`(6) claims 16, 38, 64, 78, 101, 195, 218, 222, and 230 as obvious over
`Noyes, VPK, Metzgar, and Ramachandran.
`
`
`
`2
`
`
`
`3
`
`IPR2016-00820
`Patent 7,064,197 B1
`
`For Petitioner:
`
`M. Paul Barker
`Paul.barker@finnegan.com
`
`Arpita Bhattacharyya
`Arpita.bhattacharyya@finnegan.com
`
`
`
`For Patent Owner:
`
`Kevin McNish
`kmcnish@desmaraisllp.com
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