`571-272-7822
`
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`
`
`
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` Paper No. 22
` Entered: December 19, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ROQUETTE FRERES, S.A.,
`Petitioner,
`
`v.
`
`TATE & LYLE INGREDIENTS AMERICAS LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01506
`Patent 7,608,436 B2
`____________
`
`
`Before LORA M. GREEN, GRACE KARAFFA OBERMANN,
`and JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`Correction of Clerical Error in Decision to Institute
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`Case IPR2017-01506
`Patent 7,608,436 B2
`
`
`
`On November 30, 2017, we entered a decision instituting trial on
`claims 1–4, 15–29, 31, and 32 of U.S. Patent No. 7,608,436 B2 (“the ‘’436
`patent). Paper 18 (“Decision” or “Dec.”). On December 14, 2017,
`Petitioner filed a Request for Rehearing of our Decision (Paper 20) that
`points out a clerical error in our Decision.
`Specifically, as Petitioner points out, on page 2 of the Decision we
`ordered trial to proceed on “claims 1–4, 15–29, 31, and 32 of the ’436
`patent” Paper 20 (citing Dec. 2). The Order section on page 14 failed to
`include claims 19–22 as provided in the holding on page 2 of the Decision.
`Accordingly, we correct that error as follows: On page 14 of the Decision,
`the indented material identified by the numeral (3) is corrected as follows:
`“(3) Whether claims 1–4, 15–29, 31, and 32 of the ’436 patent
`are obvious under 35 U.S.C. § 103 over the combined disclosures of
`Shah, Craig, and Cleland;”.
`No other changes are required. The institution date remains the date
`on which the Decision was entered; namely, November 30, 2017. Dec. 14.
`
`It is:
`ORDERED that the Order section of the Decision entered
`November 30, 2017 (Paper 18) is corrected to comply with this Order;
`FURTHER ORDERED that page 14 of Paper 18 is corrected to reflect
`that the ground based on obviousness over Shah (Ex. 1008), Craig (Ex.
`1009), and Cleland (Ex. 1007) shall proceed on claims 1–4, 15–29, 31,
`and 32 of the ’436 patent to comport with the holding on page 2 of the
`Decision.
`
`2
`
`
`
`Case IPR2017-01506
`Patent 7,608,436 B2
`
`
`PETITIONER:
`
`David L. Glandorf
`Joseph Evall
`Daniel J. Thomasch
`GIBSON, DUNN & CRUTCHER LLP
`dglandorf@gibsondunn.com
`jevall@gibsondunn.com
`dthomasch@gibsondunn.com
`
`
`PATENT OWNER:
`
`Paul H. Berghoff
`James V. Suggs
`S. Richard Carden
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`Berghoff@mbhb.com
`Suggs@mbhb.com
`Carden@mbhb.com
`
`3
`
`
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