The acting USPTO Director clarified that petitioners challenging claims in inter partes reviews (IPR) must analyze how the USPTO erred with prior art included in information disclosure statements (IDS). This ruling addresses the need for detailed scrutiny of prior art to uphold patentability challenges. The decision arose while responding to a petition filed by Ecto World, LLC against RAI Strategic Holdings' patent, emphasizing that while prior art was already considered, the challenge lacked sufficient analysis to demonstrate material error by the USPTO, leading to the denial of the petition's institution.
This decision clarifies that a petitioner must provide an analysis even when the asserted prior art is on an IDS, but the Examiner did not apply the reference.
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