Takeaway: The Board can hold the filing of a terminal disclaimer in abeyance pending the outcome of the proceeding to avoid switching the claim interpretation standard of the proceeding, and may choose to do so when the patent owner waits until after all substantive briefing is completed and the evidentiary record is closed to file the terminal disclaimer.

In its Order, the Board ordered that the terminal disclaimer filed by Patent Owner as to the patent at issue be held in abeyance until the instant proceeding terminates or a final written decision is issued, and that the challenged claims will continue to be given their broadest reasonable interpretation in light of the patent. Continue reading →