Tuesday, October 02, 2018 3:52:36 PM
The PTAB has to follow CAFC guidance with oversight of the solicitor of the USPTO and the chief judge of the PTAB.
If they rule against the solicitor on his previous rulings on CE’s which does not apply to the PTAB vs. Federal District court it has to be articulated why as the ruling lays out, then back to CAFC on appeal.
If CE doesn’t apply then it’s RPI analysis which is clearly laid out in CAFC ruling.
If RPI doesn’t apply, again against CAFC guidance, it has to be articulated in detail and back to CAFC.
They can invalidate the claims again but have to articulate why against the appeal briefs analysis then back to CAFC.
This will be an all in one back to CAFC if the PTAB rules against Worlds which would be against the Solicitors rulings. More likely a vacate based on the CAFC ruling IMO.
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