This issue of The PTAB Review begins by providing an analysis of how institution decisions consider declaration testimony submitted by a patent owner. Next, it summarizes proposed rulemaking from the United States Patent and Trademark Office (USPTO) about practices at the Patent Trial and Appeal Board (PTAB), including discretionary denial of institution. Third, it summarizes a USPTO decision providing guidance for patenting antibodies using means-plus-function claims. Finally, it reviews a recent precedential Federal Circuit decision cautioning against an overly rigid approach to obviousness.
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