Posts Tagged: "Emerachem Holdings"

The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in its final written decision to citing only the portions of a reference cited in its Institution Decision. “[W]ord-for-word parity between the institution and final written decisions” is not required; the question is whether the Board provided adequate notice and opportunity to respond… The Board must give a patent owner sufficient notice and opportunity to respond to its reliance on a particular use of prior art against particular claims. A general statement that lists all challenged claims and all asserted prior art is not sufficient notice of any and all specific combinations thereof which may arise.