`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
`
`GOLD STANDARD INSTRUMENTS, LLC
`Patent Owner.
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70, Petitioner respectfully requests oral
`
`argument in this post-grant review of U.S. Patent No. 8,876,991 (“the ’991
`
`patent”), currently scheduled for October 19, 2016. See Paper 21.
`
`ISSUES TO BE ARGUED
`
`I. The following issues raised in the Petition:
`
`A. Whether claims 12-16 of the ’991 patent are unpatentable under 35
`
`U.S.C. § 112(a) for lack of enablement;
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`B. Whether claims 12-16 of the ’991 patent are unpatentable under 35
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`U.S.C. § 112(a) for lack of written description;
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`C. Whether claims 12-16 of the ’991 patent are unpatentable under 35
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`U.S.C. § 102 as being anticipated by US 2008/0032260 A1 to
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`Luebke (“Luebke 2008”);
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`D. Whether claim 15 of the ’991 patent is unpatentable under 35 U.S.C.
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`§ 103 as being obvious over Luebke 2008 alone or in view of US
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`5,628,674 to Heath (“Heath”) or International Standard ISO 3630-1,
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`1st ed. (1992) (“ISO 3630-1”);
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`E. Whether claims 12-14 and 16 of the ’991 patent are unpatentable
`
`under 35 U.S.C. § 102 as being anticipated by Grégoire Kuhn &
`
`Laurence Jordan, Fatigue and Mechanical Properties of Nickel-
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`
`
`1
`
`
`
`Titanium Endodontic Instruments, 28 J. ENDODONTICS 716
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`(2002) (“Kuhn”);
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`F. Whether claim 15 of the ’991 patent is unpatentable under 35 U.S.C.
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`§ 103 as being obvious over Kuhn alone or in view of Heath or ISO
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`3630-1.
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`II. Rebuttal on all matters properly before the Board
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`Petitioner also respectfully requests the ability to use audio/visual
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`equipment to display demonstrative exhibits, including a projector, screen, and
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`easel.
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`
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`Dated: Sept. 20, 2016
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`Respectfully submitted,
`
`/Jeffrey S. Ginsberg/
`Jeffrey S. Ginsberg (Reg. No. 36,148)
`Lead counsel for Petitioner US Endodontics, LLC
`
`Abhishek Bapna (Reg. No. 64,049)
`Back-up counsel for Petitioner US Endodontics, LLC
`
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Telephone: (212) 336-2000
`
`
`
`2
`
`
`
`Certificate of Service
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on September
`
`20, 2016, the foregoing PETITIONER’S REQUEST FOR ORAL
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`ARGUMENT was served via electronic mail on the following counsel of record
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`for the Patent Owner:
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`Joseph Hynds
`(jhynds@rothwellfigg.com)
`R. Elizabeth Brenner-Leifer
`(ebrenner@rothwellfigg.com)
`Steven Lieberman
`(slieberman@rothwellfigg.com)
`Jason Nolan
`(jnolan@rothwellfigg.com)
`Derek Dahlgren
`(ddahlgren@rothwellfigg.com)
`C. Nichole Gifford
`(ngifford@rothwellfigg.com)
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Ste. 800
`Washington, DC 20005
`
`
`
`
`
`/Abhishek Bapna/
`Abhishek Bapna (Reg. No. 64,049)
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