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Friday, February 10, 2017 7:14:54 PM
You have to love it when the defendants own expert declarant realizes that they are wrong, I guess you call it the "OH SHIT" moment. HAHAHAHAHAHAHAHA
A PHOSITA would not follow the order of steps set forth in
the Petition to combine the teachings of the references.
Petitioner proposes modifying Chu ‘684 by inserting the public number
reformatting method of Chu ‘366 or Chen before the classification step 608 in Chu
‘684, which processes both public and private numbers. See supra II(D)(1); Ex.
2016 at ¶¶ 76-82. Far from being obvious, the specified order of steps for
combining reformatting and classification in the Petition is constructed based on
hindsight, and not any teaching of the cited references, and is susceptible to
unreliable operation, as Petitioner’s own declarant recognized during deposition.In re Gordon, 733 F.2d 900 (Fed. Cir. 1984) (supporting a non-obviousness
conclusion if a reference’s device, when modified as proposed, “would be rendered
inoperable for its intended purpose”)
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