Petitioners will thus have to carefully select which claims to challenge in relation to the downstream estoppel implications and factor in the PTAB's 2016 - 2017
informative decisions on discretionary denials under 35 U.S.C. § 325 (d) in their decision - making.
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Informative decisions are not binding authority, but contain examples of PTAB norms on recurring issues, provide guidance on issues of first impression, or provide guidance on PTAB rules and practices.
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