Evidence Lacking To Show Genus Anticipated Later-claimed Species IPR2015-01723

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Takeaway: To anticipate a later-claimed species, a pattern of preferences or other related teaching or suggestion must lead to a genus small enough that a person of ordinary skill in the art would at once envisage the claimed species.

In its Decision, the Board declined to institute inter partes review of claims 1-13, 20-27, and 34-61 of the ’208 patent because Petitioner had not established that there is a reasonable likelihood Petitioner would prevail with respect to at least one of the claims challenged in the Petition. Continue reading