1. “May the Board adopt and apply a new claim construction for the first time in its Final Written Decisions and may the Court use Circuit Rule 36 to summarily affirm, without opinion, the Board’s new claim construction, in violation of the Administrative Procedure Act and Constitutional due process and property protections that require a de novo review by the Court?”
2. “Does the Court’s Rule 36 summary affirmance of the foregoing issues contradict the statutory requirement of 35 U.S.C. § 144 that the Court review the Board’s decision on appeal and upon determination issue to the Director its mandate and ‘opinion’ that ‘shall govern further proceedings in the case,’ where the Court’s summary affirmance without opinion here leaves open the question in further proceedings of the proper scope of claims of the patents in issue that the Board found were not unpatentable.”
3. “When the Board reaches an initial or final decision on a finding of fact or conclusion law that is different from a prior finding of fact or conclusion of law by the USPTO or a district court, must the Board explain in the institution or final written decision why a different outcome is warranted and must the Federal Circuit, on appeal, issue an opinion relating to that explanation, among other issues on appeal.”
