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Re: khenry458 post# 56680

Friday, 10/12/2018 4:17:02 PM

Friday, October 12, 2018 4:17:02 PM

Post# of 96905
From Chanbond's motions to dismiss: Our lawyers are very busy lately

III. ARGUMENT
A. There Is No Statutory Basis for This Court’s Jurisdiction to
Review the Board’s Denial of Institution
This is an issue of settled law. Congress unambiguously defined the scope
of this Court’s appellate jurisdiction by the language of 35 U.S.C. § 319, which
only provides for appeal of a “final written decision of the Patent Trial and Appeal
Board under section 318(a).” Because the Board in the proceedings below denied
institution of trial under Section 314(a), and not under Section 318(a), the Court
does not have jurisdiction to review that decision.

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