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Innovative Environmental Technologies, Inc. (IET). is Disheartened by USPTO Decision
Today the United States Patent Office (USPTO) rendered a decision in which they ruled in favor of the Petitioner (Remedation Products Inc.) with regard to their Inter-Parties Review of IET's patent 7,531,709. IET fully intends to appeal.
Innovative Environmental Technologies, Inc. fully intends exercise our option to appeal the USPTO order, Persuant to the USPTO rules:
A party dissatisfied with the PTAB's final written decision may request a panel rehearing of the decision within 30 days of entry of the decision (37 C.F.R. § 42.71(d)(2)). Unlike other motions before the PTAB, the PTAB does not require its prior authorization for a rehearing request. The challenging party has the burden of showing that the decision should be modified and must specifically identify:all matters the party believes the PTAB misapprehended or overlooked.
Pursuant to 35 U.S.C. § 318(b), upon expiration of the time for appeal of this decision, or the termination of any such appeal, a certificate shall issue canceling claims 1–18 of U.S. Patent No. 7,531,709.
Therefore, until the appeal process is complete, United States Patent 7,531,709 remains a recognized and defendable United States Patent.
The 709 Patent: Claim 1:
"1. A method for accelerated anaerobic dechlorination of subsoil [matter], comprising the steps of: supplying a mixture including a zero valent metal intopermeable pathways in the subsoil that chlorinated solvents have migrated to in order to reduce concentrations of dissolved chlorinated solvents in [the] groundwater via chemical reactions with a surface of the zero valent metal providing a hydrogen source via hydrolysis of the groundwater at the surface of the zero valent metal and evolution of hydroxides; and supplying an organic hydrogen donor into the [soil] permeable pathways to provide a hydrogen source via the fermentation of the organic hydrogen donor and produce dechlorinating conditions such that indigenous anaerobic bacteria biodegrade residual concentrations of chlorinated solvents, wherein combined use of the zero valent metal and the organic hydrogen donor together in the permeable pathways accelerate dechlorination of contaminants in the subsoil and dechlorinate intermediates of the chlorinated solvents."
"We fully intend to defend and enforce our patent positions with regard to the 709 patent and our other 12 US Patents" explained Michael Scalzi, President of IET. "Although we are disappointed in the USPTO's initial decision, I am confident in our IP and the strength of our arguments."
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Page Updated Last on: Jan 15, 2021