Issue of availability of a reference in Re-exam appeal for US 7,840,678
from Ex Parte BROCADE COMMUNICATIONS SYSTEMS, INC.
Appellant contends that 3-DNS is not available as prior art because it “has not been established as being publicly available before the priority date of the ‘678 patent.”
(...)
Based upon a number of findings, the Examiner concludes that the totality of the evidence shows that 3-DNS was published more than one year before the critical date.
PTAB affirms the examiner on a preponderance of the evidence standard.
Appellant contends that 3-DNS is not available as prior art because it “has not been established as being publicly available before the priority date of the ‘678 patent.”
(...)
Based upon a number of findings, the Examiner concludes that the totality of the evidence shows that 3-DNS was published more than one year before the critical date.
PTAB affirms the examiner on a preponderance of the evidence standard.
posted by Lawrence B. Ebert at 10:50 AM
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