Apple Wins an Appeal at the PTAB

An Apple patent application wins on appeal to the PTAB (Patent Trial and Appeal Board). The Examiner’s rejection based on 102 (anticipation) was reversed by the PTAB.

Here is the rejected claim:

33. An apparatus of a User Equipment (UE) operable to communicate with an Evolved Node-B (eNB) on a wireless network subject to License Assisted Access (LAA), comprising:

one or more processors to: process a reference signal transmission from the eNB; generate an unfiltered reference signal transmission based on the reference signal transmission; and calculate a quality rating based upon the unfiltered reference signal transmission.

A nice decision in which the PTAB dings the Examiner for reading the reference in a sloppy way which does meet the test that – the prior art reference “must not only disclose all elements of the claim within the four corners of the document, but must also disclose those elements arranged as in the claim.” I run into this all the time and now I have a nice cite to use in arguments before examiner’s.

See decision here:

https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=2021003439

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