This issue of The PTAB Review begins by providing an analysis of how institution decisions consider declaration testimony submitted by a patent owner. Next, it summarizes proposed rulemaking from the United States Patent and Trademark Office (USPTO) about practices at the PTAB, including discretionary denial of institution. Third, it summarizes a USPTO decision providing guidance for patenting antibodies using means-plus-function claims. Finally, it reviews a recent precedential Federal Circuit decision cautioning against an overly rigid approach to obviousness.

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