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Re: FACT-MASTER post# 23181

Saturday, 05/18/2024 8:00:25 AM

Saturday, May 18, 2024 8:00:25 AM

Post# of 24309
NLST Nice 🔥 Starting process to reverse PTAB's claim16 invalidation by Director or then CAFC.
Netlist's—REQUEST FOR DIRECTOR REVIEW—of PTAB decision on claim 16 of 912 ptnt.

Part of Intro—rest in link below:
"The Board’s final written decision presents important issues of law and policy related to the recognition of priority dates for patents challenged in inter partes review. Director Review is necessary to clarify that the Board must consider evidence of how skilled artisans would understand priority-document disclosures, as well as to clarify evidentiary burdens in priority disputes. The Board wrongly ignored the perspective of the person of ordinary skill in the art “POSITA” at the time of invention when it denied claim 16 the benefit of “the ’244 provisional” priority date because that application does not expressly recite two specific words “bank address” appearing in claim 16. This error fatally undermines the Board’s obviousness determination..."
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