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Re: None

Thursday, 04/02/2020 12:58:30 PM

Thursday, April 02, 2020 12:58:30 PM

Post# of 426693
Bottom line: Appeal is tricky b/c although Du made procedural mistakes--that doesn't give us an automatic win. In means the app. div. will adjudicate correctly both primary and secondary considerations TOGETHER & not negate each secondary consideration against each other. HOWEVER, we can still lose (and du will be affirmed) IF app. div. buys her argument that the prior art is so strong to make primary very strong evidence to disregard the sec.

Probably our chances are closer to 70-80%
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