A petitioner in an inter partes review may request to cancel as unpatentable one or more claims only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications. This is expressly set forth in the statute, 35 U.S.C. §
112
Guidance or Further Confusion for the PTAB on Claim Indefiniteness? Cox Communications, Inc. v. Sprint Communication Co. LP, No. 2016-1013 (Fed. Cir. Sept. 23, 2016)
By Derek F. Dahlgren & Nancy J. Linck on
Posted in Appellate Decisions
In Cox Communications, Inc. v. Sprint Communication Co. LP, No. 2016-1013 (Fed. Cir. Sept. 23, 2016), the Federal Circuit reversed the district court’s determination that certain claims were indefinite under 35 U.S.C. § 112 ¶ 2 due to the phrase “processing system.” Id. at 3. The majority did so in a rather unique way,…