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Message: Re: EXCLUSIVE: USPTO Director Wants To Oversee A PTAB Case

All the fuss is over claims construction BRI vs Phillips how is this going to help us, or might I be missing something?

This is a commentary straight from the Articles of institution to grant IPR regarding e.Digital...

"A. Claim Construction
In an inter partes review, claim terms in an unexpired patent are
interpreted according to their broadest reasonable construction in light of the
specification of the patent in which they appear.

37 C.F.R. § 42.100(b); see In re Cuozzo Speed Techs., LLC, 793 F.3d 1268, 1278, 1279 (Fed. Cir.2015) (“Congress implicitly approved the broadest reasonable interpretation standard in enacting the AIA,” and “the standard was properly adopted by PTO regulation.”). Under that standard, claim terms are presumed to be given their ordinary and customary meaning as would be understood by one of ordinary skill in the art in the context of the entire disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). An inventor may provide a meaning for a term that is different from its ordinary meaning by defining the term in the specification with reasonable clarity, deliberateness, and precision.

In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir.1994). In the absence of such a definition, limitations are not to be read from the specification into the claims. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993).
Petitioner proposes interpreting “social template,” “social hierarchy,”
and “level of [a] social hierarchy.” Pet. 6–9. Patent Owner responds that
claim construction is “irrelevant at this stage.” Prelim. Resp. 6.
For the purposes of this Decision, we determine that an express construction of any term is not necessary."

Other:

note that “Congress implicitly approved the broadest reasonable interpretation standard in enacting the AIA,” and “the standard was properly adopted by PTO regulation.”

It's not an explicit, meaning its not hardened to any governance by Congress, Its up to the PTO to do as they see fit.

There is no standard with an implicit approval, its like congress signed a blank check.

doni


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