Limiting the Use of Applicant Admitted Prior Art
Grounds relying solely or primarily on AAPA have been fairly rare. And so the guidance is unlikely to make a substantial practical difference. However, Petitioners should avoid grounds based entirely on AAPA and use care in relying on AAPA to ensure it falls within the examples set out by the guidance. Similarly, Patent Owners should consider the ramifications of this guidance on future proceedings and in relation to ongoing IPR proceedings as well.
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