Grüneberg and Myers - Intellectual Property Law

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Conjunction Junction, What's Your Function? Ex Parte Jung De-Designated and Removed From List of Informative Decisions

On July 10, 2018, PTAB designated Ex parte Jung, 2016-008290 (March 22, 2017), as an informative decision. It came to the PTAB’s attention that the decision has not been read as intended. For example, the designation was not intended to reflect new or changed policies with respect to claim construction. As a result, in order to avoid any confusion, the decision has been de-designated and removed from the list of informative decisions. The case remains a routine decision of the Board, pursuant to PTAB SOP2.

In Ex Parte Jung, the PTAB had rejected the Examiner's claim interpretation of "at least one of A and B" as the disjunctive at least one of A or B.  Independent of this case designation, it is still informative to be mindful of your conjunction usage.

Richard Chinn