UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TENNANT COMPANY,
`Petitioner
`
`V.
`
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner
`
`Case IPR2021-00625
`Patent RE45,415 E
`
`PETITIONER'S NOTICE OF APPEAL
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TENNANT COMPANY,
`Petitioner
`
`V.
`
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner
`
`Case IPR2021-00625
`Patent RE45,415 E
`
`PETITIONER'S NOTICE OF APPEAL
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-0011 IP 1
`Pursuant to 35 U.S.C. §§ 141(c) and 142 and 37 C.F.R. § 90.2(a), Tennant
`
`Company ("Petitioner") hereby respectfully appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Patent Trial and Appeal Board's
`
`("Board's") Final Written Decision in Case No. IPR2021-00625, entered on
`
`August 17, 2022 (Paper 53), as well as from all other underlying orders, decisions,
`
`rulings, and opinions that are adverse to Petitioner. This appeal is timely under 35
`
`U.S.C. § 142, 37 C.F.R. § 90.3, Federal Rule of Appellate Procedure 15(a)(l), and
`
`Federal Circuit Rule 15(a)(l).
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), the issues in Petitioner's appeal may
`
`include, but are not limited to:
`
`(1)
`
`the Board's determination of the patentability of claims 13, 18-23 and
`
`25 over Wikey (US Patent No. 3,891,535);
`
`(2)
`
`the Board's determination of the patentability of claims 13, 18-23 and
`
`25 over Wikey and AFD (M. Hargrove & M. Hargrove, Aquariums
`
`for Dummies, IDG Books Worldwide, Inc. (1999));
`
`(3)
`
`the Board's determination of the patentability of claims 13, 18-23 and
`
`25 over Wikey, AFD, and the general knowledge, experience, and
`
`common sense of a POSITA, as reflected in Wendt (H. Wendt & G.
`
`Kreysa, Electrochemical Engineering: Science and Technology in
`
`Chemical and Other Industries, Springer-Verlag Berlin Heidelberg,
`1
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`81-127 (1999), Han (M. Han et al., Development of a New Method of
`
`Measuring Bubble Size, Water Sci. and Tech.: Water Supply Vol. 2
`
`No. 2, 77-83 (2002)), Glembotsky (V. Glembotsky et al., Size of gas
`
`bubbles forming during electroflotation, 5 Elektronnaia Obrabotka
`
`Materialov 6668 (1973)) and Bums (S. Bums et al., Application of
`
`Digital Image Analysis for Size Distribution Measurement of
`
`Microbubbles, Imaging Technologies: Techniques and Civil
`
`Engineering Applications Engineering Foundation (1997));
`
`(4)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Wikey and Clark (US Patent No. 4,039,439);
`
`(5)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Wikey, Clark, and AFD;
`
`(6)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Wikey, Clark, AFD, and the general knowledge, experience, and
`
`common sense of a POSITA, as reflected in Wendt, Han, Glembotsky,
`
`and Bums;
`
`(7)
`
`the Board's determination of the patentability of claims 13-14, 17-23
`
`and 25 over Davies (US Patent No. 4,917,782);
`
`(8)
`
`the Board's determination of the patentability of claims 13-14, 17-23
`
`and 25 over Davies and Hough (US Patent No. 6,171,469 Bl);
`
`2
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`the Board's determination of the patentability of claims 13-14, 17-23
`
`(9)
`
`and 25 over Davies and Erickson (US Patent No. 5,324,398);
`
`(10)
`
`the Board's determination of the patentability of claims 13-14, 17-23
`
`and 25 over Davies, Erickson, and Hough;
`
`(11)
`
`the Board's determination ofthe patentability of claims 13-14, 17-23
`
`and 25 over Davies, Erickson, and the general knowledge,
`
`experience, and common sense of a POSITA, as reflected in Wendt,
`
`Han, Glembotsky, and Bums;
`
`(12)
`
`the Board's determination ofthe patentability of claims 13-14, 17-23
`
`and 25 over Davies, Erickson, Hough, and the general knowledge,
`
`experience, and common sense of a POSITA, as reflected in Wendt,
`
`Han, Glembotsky, and Bums;
`
`(13)
`
`the Board's determination of the patentability of claim 24 over
`
`Davies and Schoeberl (US Patent No. 5,439,576);
`
`(14)
`
`the Board's determination of the patentability of claim 24 over
`
`Davies and Schoeberl, and Hough;
`
`(15)
`
`the Board's determination of the patentability of claim 24 over
`
`Davies, Erickson, and Schoeberl;
`
`(16)
`
`the Board's determination of the patentability of claim 24 over
`
`Davies, Erickson, Schoeberl, and Hough;
`
`3
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`the Board's determination of the patentability of claim 24 over
`
`(17)
`
`Davies, Erickson, Schoeberl, and the general knowledge, experience,
`
`and common sense of a POSITA, as reflected in Wendt, Han,
`
`Glembotsky, and Bums;
`
`(18)
`
`the Board's determination of the patentability of claim 24 over
`
`Davies, Erickson, Schoeberl, Hough, and the general knowledge,
`
`experience, and common sense of a POSITA, as reflected in Wendt,
`
`Han, Glembotsky, and Bums;
`
`(19)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Davies and Peters (US Patent No. 3,984,303);
`
`(20)
`
`the Board's determination ofthe patentability of claims 26-27 over
`
`Davies, Peters, and Hough;
`
`(21)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Davies, Peters, and Erickson;
`
`(22)
`
`the Board's determination of the patentability of claims 26-27 over
`
`Davies, Peters, Erickson, and Hough;
`
`(23)
`
`the Board's determination ofthe patentability of claims 26-27 over
`
`Davies, Peters, Erickson, and the general knowledge, experience, and
`
`common sense of a POSITA, as reflected in Wendt, Han,
`
`Glembotsky, and Bums;
`
`4
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`the Board's determination of the patentability of claims 26-27 over
`
`(24)
`
`Davies, Peters, Erickson, Hough, and the general knowledge,
`
`experience, and common sense of a POSITA, as reflected in Wendt,
`
`Han, Glembotsky, and Bums; and
`
`(25)
`
`any and all findings or determinations supporting or related to the
`
`aforementioned issues, as well as other issues decided adversely to
`
`Petitioner in any orders, decisions, rulings, or opinions.
`
`Pursuant to 37 C.F.R. § 90.2(a) and 37 C.F.R. § 90.2(a)(l), Petitioner is
`
`filing a copy of this Notice of Appeal with the Director, and a copy ofthe Notice
`
`of Appeal is being filed electronically with the Patent Trial and Appeal Board. In
`
`addition, pursuant to Federal Circuit Rule 15(a)(l) and 37 C.F.R. § 90.2(a)(2), a
`
`copy of this Notice ofAppeal, along with the required docketing fees, is being
`
`electronically filed with the Clerk's Office for the United States Court of Appeals
`
`for the Federal Circuit.
`
`5
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`
`Respectfully submitted,
`
`Date: September 29, 2022
`
`Counselfor Petitioner
`
`6
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on September 29, 2022, he caused a complete and entire copy ofthis
`
`Petitioner's Notice ofAppeal to be provided via email to the Patent Owner by
`
`serving the correspondence address ofrecord as follows:
`
`J. Derek Vandenburgh
`Aaron W. Pederson
`Nathan D. Louwagie
`Carlson, Caspers, Vandenburgh, & Lindquist, P.A.
`Capella Tower, Suite 4200, 225 South Sixth Street
`Minneapolis, MN 55402
`
`E-mail: dvandenburgh@carlsoncaspers.com
`OWT@carlsoncaspers.com
`nlouwagie@carlsoncaspers.com
`
`Larina Alton
`MaslonLLP
`3300 Wells Fargo
`90 South Seventh Street
`Minneapolis, MN 55402
`larina.alton@maslon.com
`
`7
`
`
`
`Proceeding No.: IPR2021-00625
`Attorney Docket: 46362-001 lIPl
`I hereby certify that on September 29, 2022, in addition to being filed
`
`electronically through the Board's E2E System, I caused the original version of the
`
`foregoing Notice ofAppeal to be filed by hand with the Director ofthe 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, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`I hereby certify that on September 29, 2022, I caused a true and correct copy
`
`of the foregoing Notice of Appeal, along with a copy ofthe Final Written
`
`Decision, to be filed electronically with the Clerk's Office ofthe United States
`
`Court of Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`Date: September 29, 2022
`
`Counselfor Petitioner
`
`8
`
`
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