Tuesday, September 20, 2016 3:39:17 PM
You can see that Judge Begley stated specifically regards her inquiry on the Phillips vs. BRI standard in light of the patent expiration date, "this is critical to your case"
similarly Judge Easthom suggested that the interpretation of the priority of values assigned to an object vs. an avatar shown in the Durward and Funkhouser prior art said specifically "well we can't use our commonsense for that" referring to the recent Federal Appeal courts ruling that overturned a PTAB finding based in solely using commonsense without supporting facts.
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