Prior Art “Patents and Printed Publications” Include the Patent Under Review

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In Intri-Plex Technologies, Inc. v. Saint-Gobain Performance Plastics Rencol Limited, IPR2014-00309, Paper  07/03/2014 19, the Board denied reconsideration that admitted prior art in the patent under review constituted “prior art consisting fo patents or printed publications” under 35 U.S.C. 311(b).  The Board noted that it has long treated a patent applicant’s admissions as prior art.  The Board said that: “The ’640 patent is undeniably a “patent.” The fact that Saint-Gobain made admissions against its own interest in the public record within the four corners of its own patent is reliable evidence that the admitted prior art antedates the claimed invention.”

 

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