The Board cannot cancel contested claims based on indefiniteness during inter parties review, but, if the claims are construable, the Board may invalidate the claims based on prior art under 35 U.S.C. § 102 and § 103.
Results for inter partes review
Inter partes review does not violate Article III because Congress has latitude to assign adjudication of public right to entities other than Article III courts.
When the Patent Office institutes an inter partes review, it must decide the patentability of every claim challenged in the petition.
The decision to institute an inter partes review is not appealable. Within an inter partes review, the correct standard for the Patent Trial and Appeal Board to follow during claim construction is the broadest reasonable interpretation standard.