... claim is unpatentable under 35 U.S.C. § 103 if the differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, would have been obvious at the time the invention was made to a person ...
Petitioner asserts that a person of ordinary skill in the art (“skilled artisan”) at the time of the invention would have had at least a doctorate degree in cell biology, molecular biology, or a similar field with at least three years of experience in ...
Under that standard, claim terms “are generally given their ordinary and customary meaning” as understood by a person of ordinary skill in the art at the time of the invention.
... of an additional active ingredient”), and Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362, 1373 (Fed. Cir. 2022) (recognizing that for negative limitations, “the disclosure must be read from the perspective of a person ...
Rojewski (Ex. 1014) Rojewski discloses that MSCs are “candidates for several clinical applications” to treat injury and disease and that because “MSC isolated from different tissues do not represent a homogenous cell population,” it is ...
According to Petitioner, “a POSITA [person of ordinary skill in the 48 IPR2021-01535 Patent 9,803,176 B2 art] would understand that expression patterns of MSCs from any tissue are informative of the biological properties of MSCs ...
Thus, a person of ordinary 63 IPR2021-01535 Patent 9,803,176 B2 skill in the art would be motivated to combine the teachings of Phan with Pierantozzi, Rojewski, and Merion for the purpose of improving cellular therapies employing ...
... to Pierantozzi, Rojewski, Merion, and Riekstina, Kita discloses that the use of its cells obtained from the amniotic membrane “is a promising novel approach for the treatment of many diseases and injuries.” Kita, Abstract. Thus, a person ...