RE: PTAB6 Nov 2021 10:06
Certainly not easy to digest.Spent this morning reading thru and I'm not a lot wiser truth be told.
Seemed to me that Cossairt was being led away from expressing a true opinion,which when she did seemed to stand out against the points of law with which Wilson was trying to shackle her.
WILSON...''·So putting to the side your
opinion that a person of ordinary skill
in the art would not combine Banin with
either Herron or Farneth, you do not
dispute that Banin, taken together with
either Herron or Farneth, discloses every
limitation of the challenged claims of
the '828 patent, correct?
COSSAIRT...'' I guess I am just sort of
puzzled by the question because the Banin
doesn't -- doesn't teach seeded --
yeah -- Banin doesn't teach seeded growth
in the way it is being applied in the
patent.· And how Herron and Farneth are
combined with Banin is to use these
clusters in the Banin technique as seeds
for SLS.
· · · · ·But these clusters absolutely
cannot serve as seeds under those
conditions, so it just -- the combination
is very broken in my mind.· And so I am
having a hard time answering you.''
And also ;
WILSON...''Nowhere in your declaration do
you provide an opinion that if a person
of ordinary skill in the art were to
combine Banin and Braun, that that
combination would not disclose any other
limitation other than the MCC; is that
correct?''
· · · · ·MR. NEWMAN:· Objection.
COSSAIRT...'' I just don't
· · think anyone looking at Banin
· · would have anything to learn from
· · Braun, because one's an
· · aqueous-based synthesis and one's
· · an organic phase SLS reaction, and
· · they are totally incompatible.''