Sufficient grounds Sample Clauses

Sufficient grounds. Inter partes re- view shall not be instituted for a ground of unpatentability unless the Board decides that the petition sup- porting the ground would demonstrate § 42.120 that there is a reasonable likelihood that at least one of the claims chal- lenged in the petition is unpatentable. The Board’s decision will take into ac- count a patent owner preliminary re- sponse where such a response is filed, including any testimonial evidence, but a genuine issue of material fact created by such testimonial evidence will be viewed in the light most favor- able to the petitioner solely for pur- poses of deciding whether to institute an inter partes review. A petitioner may seek leave to file a reply to the pre- liminary response in accordance with §§ 42.23 and 42.24(c). Any such request must make a showing of good cause. [77 FR 48727, Aug. 14, 2012, as amended at 00 XX 00000, Xxx. 1, 2016] AFTER INSTITUTION OF Inter Partes REVIEW
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Sufficient grounds. Post-grant re- view shall not be instituted for a ground of unpatentability unless the Board decides that the petition sup- porting the ground would, if unrebutted, demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. The Board’s decision will take into account a patent owner preliminary response where such a re- sponse is filed, including any testi- monial evidence, but a genuine issue of material fact created by such testi- monial evidence will be viewed in the light most favorable to the petitioner solely for purposes of deciding whether to institute a post-grant review. A pe- titioner may seek leave to file a reply to the preliminary response in accord- ance with §§ 42.23 and 42.24(c). Any such request must make a showing of good cause.

Related to Sufficient grounds

  • NO HARDSTOP/PASSIVE LICENSE MONITORING Unless an Authorized User is otherwise specifically advised to the contrary in writing at the time of order and prior to purchase, Contractor hereby warrants and represents that the Product and all Upgrades do not and will not contain any computer code that would disable the Product or Upgrades or impair in any way its operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes referred to as “time bombs,” “time locks,” or “drop dead” devices) or that would permit Contractor to access the Product to cause such disablement or impairment (sometimes referred to as a “trap door” device). Contractor agrees that in the event of a breach or alleged breach of this provision that Authorized User shall not have an adequate remedy at law, including monetary damages, and that Authorized User shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Authorized User shall be entitled.

  • Schools The Applicant, its successors and assigns, will comply with applicable provisions of Section 163.3180(6), Florida Statutes, in providing any required school proportionate share mitigation and will pay any applicable school impact fees for the Development in the timing and manner required by law.

  • Management Grievance The Employer may initiate a grievance at Step 3 of the grievance procedure by the Employer or designate presenting the grievance to the President of the Union or designate. Time limits and process are identical to a union grievance.

  • Volunteer Peer Assistants 1. Up to eight (8)

  • Investigatory Interview When the employee under investigation is to be interviewed concerning the alleged conduct which could result in discharge or other discipline, the employee and his or her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the investigatory interview.

  • Investigatory Interviews When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to discipline/discharge of that employee because of that particular incident, the employee shall have the right to request that he/she be accompanied at the investigatory interview by a representative of the Union. If the employee makes such a request, the request shall be made to the City representative conducting the investigatory interview. The City, when faced with such a request, may:

  • MANAGEMENT GRIEVANCES 8.01 It is understood that the Management may at any time file a grievance with the staff representative of the Union and request a meeting with him to discuss any complaint with respect to the conduct of the Union, its officers or committee member, in its relationships with the Company or other employees or with respect to any complaint that there has been a violation of any contractual obligation undertaken by the Union, and that if such grievance by the Management is not settled to the mutual satisfaction of the conferring parties it may be referred to arbitration as set forth in Article VII above.

  • Dewatering 4.7.1 Where a part of a site is affected by surface water following a period of rain, thus rendering some areas unsafe for productive work, consistent with the Employer’s obligations under the OH&S Act, all non- trades employees shall assist in ‘dewatering’ their own work site or area if it is so affected. Such work to be paid at single time rates. Productive work will continue in areas not so affected.

  • Elements Unsatisfactory Needs Improvement Proficient Exemplary IV-A-1. Reflective Practice Demonstrates limited reflection on practice and/or use of insights gained to improve practice. May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.

  • Stormwater Management The Owner agrees that stormwater management measures shall be applicable to the development of the Lands, in a manner which is in accordance with the provisions of The Drainage Act, R.S.O. 1990, c.D.17 and amendments thereto, and to the satisfaction of the Municipality's Engineer.

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