Bunsow De Mory founder and managing partner Denise De Mory and firm Counsel Li Guo published in Law360 a review of the Federal Circuit’s key decisions handed down in July 2024. These Federal Circuit decisions clarified the scope of the estoppel provision set forth in Section 42.73(d)(3)(i), identified potential issues with obtaining substitute claims comprised solely of elements of other challenged claims, clarified that a claimed result may be inherent if prior art discloses all steps of the claimed method for producing the results, and suggested that an appendix of prior art may be a viable way to expand a petition.
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