Sentences with phrase «patentable over the prior art»
In a set of five separate opinions spanning over 140 pages, the appeals court rejected the current PTAB requirement that the patent owner bears the entire burden of proving that proposed amended claims are patentable over the prior art.
We agree with Patent Owner that «[t] here is no requirement for Shire to prove, after the Institution Decision, that original non-amended claims are patentableover all potential priorart, especially non-instituted claims.»