#prior-art

#prior-art

The fact that patents subjected to an inter partes review (IPR) are "specially selected" is the very reason that this class of patents are a suitable vehicle for studying the cited evidence. The actual evidence cited is what determines "the underlying actual quality of issued patents." Understanding how patent information evidence is missed during examination will identify the root cause of examination errors, both allowance errors and rejection errors.

In the context of 35 U.S.C. § 325(d), the burden is on the petitioner to demonstrate that the prior art was not adequately considered by the PTO.