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Message: Re: How Come!
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vic
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Nov 23, 2015 01:51PM

"So we supposedly got over the prior art issue when the patent was initially granted and now we have to clear that hurdle again?"

Correct...

For the initial prosecution of a patent, the patent applicant cites prior art initially, the examiner then cites prior art , of which they can find the best examples. The examiner generally has citing that are from more obscure sources.

The IPR petitioner will cite examples that are to be challenged....beyond the original.

For all of the NUNCHI IPR's(6) going through the process, there are three separate citings that are detailed as prior art in combined orchestration.

The petitioner feels these combinations would have been obvious as un-patentable when combined.

The test is on, starting with the PTAB reviewing the details to establish if a review is warranted. We are close to the PTAB making that determination....about three months after the patent owner responds to the petition, of which a preliminary was filed 9-24-15.

It may take a bit longer seeing there are 6 patents involved.

But in the scheme of things its close to the PTAB making a determination.

doni


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