PTAB designates three opinions addressing § 325(d) as informative
The PTAB has designated as informative three opinions addressing its ability to reject petitions because the same prior art or arguments previously were presented to the USPTO. Some believe this helps give guidance on how to make patents “IPR proof”
The Patent Trial and Appeal Board (PTAB) has designated
three decisions that address § 325(d) as
informative. Under § 325(d), the PTAB may reject a
petition because "the same or substantially the same prior art
or arguments previously were presented to...
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