Inter Partes Review (IPR) proceedings are limited to prior art
challenges for printed prior art. Although prior art typically
includes drawings that illustrate physical structures, the
description of those drawings may only discuss what is illustrated
and omit any details surrounding the distribution of mass or other
physical qualities of the objects depicted in the drawings. The
PTAB recently discussed the level of detail required to support a
prior art challenge to patentability when the prior art omits a
substantial physical description of what is depicted in the prior
art drawings.
In the case of The Gillette Company, Inc. v. Shavelogic,
Inc., Case IPR2016-00699 (September 9, 2016 Decision Denying
Institution), the patent in question was drawn to a replaceable
"shaving assembly" with a magnetic portion that draws the
assembly closer to the handle to help prevent the two structures
from coming apart during shaving. A central feature of the patented
invention was
