No 102(e) Prior Art in a CBMR

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In Trulia, Inc, v. Zillow, Inc., CBM2013-00056, Paper 19 (April 10, 2014), it was called to the Board’s attention that the prior art relied upon in the petition was 102(e) which is not proper prior art for a covered business method review.  The petitioner pointed out that each reference had a corresponding publication that was 102(b) prior art, but the Board found that it could not change the grounds on which the trial was instituted, and intead suggested that the petitioner file an second petiton, replacing the 102(e) art with the 102(b) art, and move to join the proceedings.  While the time for joinder passed the day of the Board’s order, the Board said it would waive the joinder deadline if both parties were amenable.


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