Ex Parte 7,841,343 et alDownload PDFPatent Trial and Appeal BoardFeb 19, 201595001885 (P.T.A.B. Feb. 19, 2015) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 95/001,885 03/01/2012 7,841,343 INOGN.017X 5409 20995 7590 10/22/2015 KNOBBE MARTENS OLSON & BEAR LLP 2040 MAIN STREET FOURTEENTH FLOOR IRVINE, CA 92614 EXAMINER ENGLISH, PETER C ART UNIT PAPER NUMBER 3993 MAIL DATE DELIVERY MODE 10/22/2015 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ INOVA LABS, INC. Requester and Appellant v. INOGEN, INC. Patent Owner and Respondent ____________ Appeal 2014-001158 Inter partes Reexamination 95/001,885 Patent 7,841,343 B2 Technology Center 3900 ____________ ORDER REMANDING TO EXAMINER On July 1, 2014, the Patent Trial and Appeal Board (“the Board”) entered a decision, affirming the Examiner’s decision to not adopt the Requestor’s proposed rejections of claims 1–3 and 8–17. On September 2, 2014, the Requester entered a request for rehearing on the Board’s Decision. In addition, the Requestor sought judicial review from the United States Court of Appeals for the Federal Circuit. On June 15, 2015, the Court rendered a mandate in this appeal. The Court affirmed the July 1, 2014, decision of the Board. Because the Court has issued a final mandate on the appeal from the Board’s original decision, Appeal 2014-001158 Inter partes Reexamination 95/001,885 Patent 7,841,343 B2 2 the Board cannot issue a substantive decision on the September 2, 2014, request for rehearing. Accordingly, this reexamination is remanded to the Examiner for further proceedings consistent with the holding of the United States Court of Appeals For The Federal Circuit. If there any questions pertaining to this Order, please contact the Patent Trial and Appeal Board at 571-272-9797. peb PATENT OWNER: KNOBBE MARTENS OLSON & BEAR LLP 2040 Main Street Fourteenth Floor Irvine, CA 92614 THIRD PARTY REQUESTER: MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C. P.O. BOX 398 Austin, TX 78767-0398 Copy with citationCopy as parenthetical citation