Ex Parte 7,841,343 et al

Patent Trial and Appeal Board

Oct 22, 2015

95001885 (P.T.A.B. Oct. 22, 2015)

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