Law360, New York ( November 18, 2015, 10:53 AM EST) -- The Patent Trial and Appeal Board has great discretion in deciding whether to grant a petition for a trial under the America Invents Act. As a shorthand to its discretionary authority, the board frequently refers to 35 U.S.C. § 325(d), which allows the board to consider whether the "same or similar art or arguments" advanced in a petition were previously considered by the office....
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