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Early Wittgenstein

Divided Argument

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Is the PTAB Severability Scheme a Policy Judgment?

There's a section of the statute, six C, that says that only the PTAB can rehere its own decisions. The court concludes that section six C cannot constitutionally be enforced to the extent that its requirements prevent the director from reviewing final decisions rendered by APJs. So now their decisions are not final, the director can review them. And then as to these specific parties, they conclude there should be a remand so the director can decide whether to review this patent - which I bet you he will not do.

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