When Are Post-AIA Prior Art Patents Effectively Filed?
JD Supra Law
NOVEMBER 16, 2023
Today, the Director of the U.S. Patent Office designated the final written decision in Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) precedential as to section II.E.3. In that section, the Board found that the holding in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015), that under pre-AIA 35 U.S.C. § 102(e), a reference patent’s claims must have written description support in its parent application to be entitled to that.
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