Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d), PTAB Litigation Blog
When exercising its broad discretion on whether to institute review, the PTAB is not limited to consideration of factors associated with the type of denial it ultimately issues. In a recent decision that the PTAB designated as precedential, the PTAB denied institution under 35 U.S.C. § 325(d) after applying the Becton, Dickinson § 325(d) factors and a factor more commonly associated with its discretion under § 314(a).
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