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Anticipation Requires More Than A Reference That Discloses All The Elements, PTAB Litigation Blog

January 2018

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In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017), a divided Federal Circuit panel affirmed the Patent Trial and Appeal Board’s decision that Microsoft failed to prove that the challenged claims of Biscotti’s patent were unpatentable. Microsoft had argued to the Board that a single reference ("Kenoyer") anticipated two independent claims, claims 6 and 69, and that Kenoyer in combination with other references anticipated or rendered obvious claims depending from claims 6 and 69.

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