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ARTICLE · 06 DECEMBER 2016

PTAB Reverses Obviousness Finding After Remand

The IPR proceeding concluded in the issuance of a final written decision that the claims were invalid in light of the prior art raised in the petition.

United StatesIntellectual Property

The Patent Trial and Appeal Board (PTAB or Board) reversed its previous decision invalidating claims of a patent covering a coaxial cable connector after the US Court of Appeals for the Federal Circuit found that the PTAB erred in construing one of the claim terms. Corning Optical Communications RF, LLC v. PPC Broadband, Inc., Case No. IPR2013-00342 (PTAB, Oct. 12, 2016) (Zecher, APJ).

Corning Optical Communications filed a petition requesting inter partes review (IPR) of claims of a patent covering a coaxial cable connector. The PTAB determined that there was a reasonable likelihood that the claims were invalid in light of the prior art raised in the petition. The PTAB therefore instituted the IPR proceeding. During this proceeding, the PTAB construed the term "reside around" to mean "in the immediate vicinity of; near" rather than "encircle or surround." The PTAB based this construction on competing dictionary definitions in light of the fact that the specification

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