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17 Final Written Decision rehearing: Final Written Decision DECISION Denying Petitioner’s Request for Rehearing 37 CFR § 4271d

Document IPR2024-00267, No. 17 Final Written Decision rehearing - Final Written Decision DECISION Denying Petitioner’s Request for Rehearing 37 CFR § 4271d (P.T.A.B. Aug. 12, 2024)
... and may be ‘intertwined’ with motivation to combine,” it nevertheless found that it could not “reasonably discern any implicit argument in Petitioner’s arguments directed to common inventors, same alleged invention, and possible injury ...
... but is taking an existing, non-depicted mouthpiece and giving it form.” Id. Petitioner asserts that the Board gave no consideration to the illustrations provided which “unequivocally show[] how trivial it would have been for a [person ...
Because Petitioner did not direct our attention to any argument or testimony to account for whether or how the modified device would function, Petitioner did not meet its initial burden of proof of showing that a person of ordinary skill in ...
Lastly, Petitioner asserts that the knowledge of the person of ordinary skill in the art supports a finding of a reasonable expectation of success.
... person of ordinary skill” and that “[i]t would have been trivial to such a person of ordinary skill to take the existing mouthpiece of Thorens788 and making it look similar to the mouthpiece of Thorens231.” Id. Though Petitioner alleges that ...
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17 Rehearing Request in re Board Order: Denying Patent Owners Request on Rehearing of Decision Granting Institution of Inter Partes Review37 CFR § 4271d

Document IPR2020-01199, No. 17 Rehearing Request in re Board Order - Denying Patent Owners Request on Rehearing of Decision Granting Institution of Inter Partes Review37 CFR § 4271d (P.T.A.B. M...
... can be both life- preserving as well as potentially harmful” and that some in the art “suggest 6 IPR2020-01199 Patent 7,802,571 B2 the need to build a consensus view on the use of mechanical ventilation in patients with acute lung injury.” ...
In our Decision, we found that Petitioner had provided adequate reasoning as to why a person having ordinary skill in the art would have been led to modify Carmichael’s protocol to implement it using Anderson’s automated, closed loop ...
9; id. at 7‒9 (arguing that Anderson “is not a refereed paper,” Anderson’s PID equations “can be easily seen by a person of ordinary skill in the art to be incorrect,” the ’571 patent claims do not use PID control for PEEP, and that “PID ...
“A person of ordinary skill is also a person of ordinary creativity, not an automaton.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007).
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17 Rehearing Request in re Board Order: Denying Patent Owners Request on Rehe...

Document IPR2020-01199, No. 17 Rehearing Request in re Board Order - Denying Patent Owners Request on Rehearing of Decision Granting Institution of Inter Partes Review37 CFR § 4271d (P.T.A.B. M...

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