Institution Denied For Lack of Sufficient Structu

Institution Denied For Lack of Sufficient Structure, PTAB Litigation Blog

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 The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed under 112(f).  According to the Board’s Rules, “[w]here the claim to be construed contains a means-plus-function . . . limitation as permitted under 35 U.S.C. 112(f), the construction of the claim must identify the specific portions of the specification that describe the structure, material, or acts corresponding to each claimed function.”  37 C.F.R. § 42.104(b)(3).

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