Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d), PTAB Litigation Blog
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When exercising its broad discretion on whether to institute review, the PTAB is not limited to consideration of factors associated with the type of denial it ultimately issues. In a recent decision that the PTAB designated as precedential, the PTAB denied institution under 35 U.S.C. § 325(d) after applying the Becton, Dickinson § 325(d) factors and a factor more commonly associated with its discretion under § 314(a).
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