“Whether Industrial Chemicals requires the Court to consider the original claims in addition to the specification when conducting a 35 U.S.C. § 251 [reissue proceeding].”
“Whether the ‘clearly and unequivocally’ and/or ‘separate and apart’ test purportedly articulated in Antares Pharma, Inc. v. Medac Pharma Inc., 771 F.3d 1354 (Fed. Cir. 2014), is inconsistent with Section 251, Industrial Chemicals’ ‘same invention’ test, the presumption of validity under 35 U.S.C. § 282, and the burden on the patent challenger to present ‘clear and convincing’ evidence of invalidity.”
“Whether aspects of an invention that are described in a patent specification in ‘a lengthy list of combinations and possibilities’ or as ‘part of a serial list of suggestions,’ without more, can never be claimed individually on reissue.”
