Friday, May 23, 2014

PTAB Grants Motion to Amend Claims

In a final written decision, the Board granted in part the patent owner's motion to amend claims. The Board allowed 18 of 19 substitute claims and cancelled the original claims 1-26. "The evidence cited by Patent Owner demonstrates that even small changes in structure can change the biological activity of an insect repellent. Because the prior art does not provide a reason to modify isolongifolanone to arrive at the modified isolongifolanone compounds of proposed claim 27, nor does it provide a reasonable expectation that such modifications would result in a compound having the desired insect repellent activity, we conclude that the preponderance of the evidence supports the patentability of claim 27. As to dependent claims 28-44, because those claims incorporate all of the limitations of claim 27, they would be patentable for the same reasons."

Petition for Inter Partes Review by International Flavors & Fragrances Inc., IPR2013-00124 (PTAB May 20, 2014, Order) (Green, APJ)

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