O'MALLEY, Circuit Judge.
Agilent Technologies, Inc. ("Agilent") seeks review of a final decision of the United States Patent and Trademark Office Patent Trial and Appeal Board ("the Board") in an inter partes reexamination of U.S. Patent No. 6,648,609 to Terry A. Berger et al. ("the '609 patent"). The threshold question is whether Agilent is the...
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