Lenroc Company v. Enviro Tech Chemical Services, Inc., Denying Request for Rehearing IPR2014-00382
Tuesday, September 16, 2014

In its Decision, the Board denied Petitioner’s Request for Rehearing of the Board’s denial to institute inter partes review of any of challenged claim 1-12 of the ’132 patent.  Rehearing had been sought on the Board’s denial of institution on both anticipation and obviousness grounds.

Among the positions asserted in the Request for Rehearing were that the Board erroneously interpreted the claim term “wetcake” to exclude free-flowing powders. In reply, the Board noted that Petitioner had not identified the location where Petitioner had previously addressed the matters said to be misapprehended or overlooked by the Board.  The Board then went on to suggest that even if Petitioner had met this requirement, the Board would still not have been convinced that its claim construction of “wetcake” was in error.

The Board ultimately concluded that Petitioner had not met its burden of showing that the Board’s Decision denying the institution of inter partes review should be modified.  As summarized by the Board, “Petitioner has not convinced us that the intrinsic evidence of record as a whole, taking into account the Howarth Declaration and Amendment, supports an interpretation of the claim term ‘wetcake’ as encompassing a free-flowing powder.”  Consequently, the Board concluded that Petitioner had not shown that the Board had erroneously interpreted the claims to exclude the prior art teaching of “free flowing powder of monosodium cyanurate monohydrate containing 89.35% monoalkali metal cyanurate and 10.65% water by weight.”

Lenroc Company v. Enviro Tech Chemical Services, Inc., IPR2014-00382 
Paper 14: Decision Denying Petitioner’s Request for Rehearing 
Dated: September 10, 2014 
Patent: 7,728,132 B2 
Before: Linda M. Gaudette, Grace Karaffa Obermann, and Kristina M. Kalan
Written by: Gaudette

 

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