Pursuant to the July 2019 Trial Practice Guide Update ("Update"), Petitioner, Palette, is providing this Petitioner's Explanation of Multiple Petitions Challenging Patent No. 7,744,913 and Ranking of Petitions.
Wallace and Ball teach or suggest the introduction of a gel into a space between an organ and a nearby tissue, without the use of second filler material, such as a biodegradable envelope.
Specifically, the challenges based on Burg are based on the use of the transition phrase "comprising" in the independent claim, which does not preclude embodiments that use multiple fillers—Le., it does not preclude embodiments where a filler, in the form of a balloon or envelope, contains a second filler, in the form of a liquid or gel.
Namely, the '913 patent teaches an embodiment using a filler that comprises a device having a reversible volume, such as a balloon, wherein the balloon "may be introduced, inflated, and then deflated after a dose of radiation has been administered, or recovered after the radiation treatment has been completed."
First, the approaches involve different art and are drawn to different embodiments disclosed by the '913 patent specification.