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`Document: 1-2
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`Page:1
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`Filed: 02/20/2018
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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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`R.J. REYNOLDS VAPOR COMPANY,
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`PETITIONER
`
`V.
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`FONTEM HOLDINGS1 B.V.,
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`PATENT OWNER
`
`Case IPR2016-01268
`Patent 8,365,742
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`PETITIONER R.J. REYNOLDS VAPOR COMPANY’S NOTICE OF
`APPEAL
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`
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`Case: 18-1591
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`Document: 1-2
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`Page:2
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`Filed: 02/20/2018
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`Office of the General Counsel
`Patent and Trademark Office
`Madison East
`10B20 600 DulanyStreet
`Alexandria, VA 22314
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioner R.J.
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`Reynolds Vapor Company (“Reynolds”) hereby appeals under 35 U.S.C. §§ 141
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`and 142 to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision entered on December19, 2017 (Paper No. 63) (the “Final
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`Written Decision”), and all underlying orders, decisions, rulings, and opinions. A
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`copy of the Final Written Decision is attached.
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(i1), Petitioner anticipates that the issues on
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`appeal may include the following as well as any underlying findings,
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`determinations, rulings, decisions, opinions, or other related issues:
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`e Whether the Board erred in finding that Reynolds failed to show by a
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`preponderanceof the evidence that claims 2-3 of U.S. Patent
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`8,365,742 (“742 patent”) are unpatentable as obvious under35
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`U.S.C. § 103, and any findings or determinations supporting or related
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`to that issue, as well as all other issues decided adversely to Reynolds
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`in any orders, decisions, rulings, and opinions;
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`
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`Case: 18-1591
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`Document:1-2
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`Page:3
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`Filed: 02/20/2018
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`e Whether the Board erred in finding that a person having ordinary skill
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`in the art (““POSA”) would not have combined the teachings of the
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`prior art to the ’742 patent, and any findings or determinations
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`supporting or related to that issue; and
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`e Whether the Board erred in making findings about whether the subject
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`matter of claims 2-3 of the ’742 patent was obvious to a POSA
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`without making findings about level of skill in theart.
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`Copies of this Notice of Appeal are being filed simultaneously with the
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`Director, the Patent Trial and Appeal Board, and the Clerk of the United States
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`Court of Appeals for the Federal Circuit, along with the filing fee to the Federal
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`Circuit.
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`Dated: February 19, 2018
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`Respectfully Submitted,
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`/Ralph J. Gabric/
`Ralph J. Gabric, Reg. No. 34,167
`Lead Counsel for Petitioner
`BRINKS GILSON & LIONE
`455 N. Cityfront Plaza Drive Ste 3600
`Chicago, IL 60611-5599
`T: 312-321-4200
`F: 312-321-4299
`
`
`
`
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`Case: 18-1591 Page:4_Filed: 02/20/2018Document:1-2
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`
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`CERTIFICATE OF FILING
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`I hereby certify that a true and correct copy of the foregoing “Petitioner R.J.
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`Reynolds Vapor Company’s Notice Of Appeal,” was filed electronically through
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`the Patent Trial and Appeal Board’s E2E onthis 19th day of February, 2018.
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`CERTIFICATE OF FILING
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`| hereby certify that a true and correct copy of the foregoing “Petitioner R.J.
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`Reynolds Vapor Company’s Notice Of Appeal,” along with the required $500
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`filing fee, wasfiled electronically by CM/ECFonthis 19th day of February, 2018,
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`with the United States Court of Appeals for the Federal Circuit.
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`
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`Case: 18-1591
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`Document: 1-2
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`Page:5
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`Filed: 02/20/2018
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
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`counsel for Patent Ownera true and correct copy of the foregoing “Petitioner R.J.
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`Reynolds Vapor Company’s Notice Of Appeal,” by electronic means on February
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`19, 2018 at the following addresses of record:
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`MichaelJ. Wise, Lead Counsel (MWise@perkinscoie.com)
`Joseph P. Hamilton, Back-up Counsel
`(JHamilton@perkinscoie.com)
`Jenna M. DeRosier (JDeRosier@perkinscoie.com)
`Tyler R. Bowen, Back-up Counsel
`(TBowen@perkinscoie.com)
`Nathan R. Kassebaum (NKassebaum@perkinscoie.com)
`Amy Candeloro (ACandeloro@perkinscoie.com)
`patentprocurement@perkinscoie.com
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`Dated: February 19, 2018
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`Respectfully Submitted,
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`/James Donnelly/
`James Donnelly
`Brinks Gilson & Lione
`NBC Tower— Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago,Illinois 60611
`
`
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