NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

3G LICENSING, S.A.,

Appellant

v.

HONEYWELL INTERNATIONAL INC., SIERRA 

WIRELESS, ULC, TELIT CINTERION 

DEUTSCHLAND GMBH, F/D/B/A THALES DIS AIS 

DEUTSCHLAND GMBH,

Appellees

______________________ 

2023-1137

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2021-

00584.

______________________ 

Decided: July 31, 2024

______________________ 

ANDREW PETER DEMARCO, Devlin Law Firm LLC, Wilmington, DE, argued for appellant. Also represented by 

NEIL A. BENCHELL, TIMOTHY DEVLIN. 

 KOURTNEY MUELLER MERRILL, Perkins Coie LLP, Denver, CO, argued for all appellees. Appellee Sierra Wireless, 

ULC also represented by AMANDA TESSAR; TARA LAUREN 

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2 3G LICENSING, S.A. v. HONEYWELL INTERNATIONAL INC. 

KURTIS, Chicago, IL. 

 JEFFREY R. GARGANO, K&L Gates LLP, Chicago, IL, for 

appellee Honeywell International Inc. Also represented by 

BRIAN PAUL BOZZO, Pittsburgh, PA; ERIK HALVERSON, San 

Francisco, CA.

 GUY YONAY, Pearl Cohen Zedek Latzer Baratz LLP, 

New York, NY, for appellee Telit Cinterion Deutschland 

GmbH. Also represented by KYLE AUTERI, I. 

______________________ 

Before LOURIE, STOLL, and STARK, Circuit Judges.

LOURIE, Circuit Judge. 

3G Licensing, S.A. (“3G Licensing”) appeals from a final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) 

finding claims 16–19, 21, 22, 39, 40, and 42 of U.S. Patent 

7,551,625 (the “’625 patent”) unpatentable as anticipated 

or obvious. Cradlepoint, Inc. v. 3G Licensing S.A., 

IPR2021-00584, 2022 WL 4137702 (P.T.A.B. Sep. 12, 2022) 

(“Decision”). For the reasons provided below, we affirm. 

BACKGROUND

The ’625 patent relates to improvements in allocating 

network resources in cellular networks. The patent 

teaches a method where a cell tower provides user equipment (“UE,” e.g., cellular phone) with a “scheduling assignment” (also known as a “scheduling grant” or “grant”), 

which is generally “downlink” (meaning it goes from a cell 

tower or base station to user equipment). See ’625 patent, 

col. 1 ll. 45–46. There are two relevant scheduling assignments: relative grants and absolute grants. Appellant’s Br. 

at 7 (citing J.A. 3230, ¶ 40). A relative grant tells user 

equipment to increase, decrease, or maintain its usage of 

network resources relative to a previous grant. Id. An absolute grant tells user equipment the maximum amount of 

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3G LICENSING, S.A. v. HONEYWELL INTERNATIONAL INC. 3

network resources the user equipment can use, regardless 

of any previous grant. Id. To help regulate the amount of 

network resources used by the user equipment via the uplink channels, the ’625 patent teaches the use of a dedicated downlink channel: the Enhanced Absolute Grant 

Channel (“E-AGCH”). The E-AGCH serves as a channel 

dedicated to telling the user equipment how much of the 

network’s resources the user equipment may use by providing user equipment multiple identifiers so that it can issue 

scheduling assignments more efficiently. ’625 patent, col. 

3 ll. 14–29, col. 4 ll. 4–7. Representative claim 16 reads as 

follows: 

16. A method of scheduling an uplink packet transmission channel for user equipment (UE), the 

method comprising:

receiving a scheduling assignment in an Enhanced 

Absolute Grant Channel (E-AGCH), wherein the 

scheduling assignment comprises an identifier for

a plurality of UE;

acquiring the contents of the scheduling assignment; and, 

transmitting an uplink data packet on an Enhanced Uplink Dedicated Channel (E-DCH) according to the contents of the scheduling 

assignment.

’625 patent, col. 7 ll. 40–48 (emphasis added). 

Honeywell International, Inc., Sierra Wireless, Inc., 

TCL Communication Technology Holdings Limited, TCT 

Mobile International Limited, TCT Mobile, Inc., TCT Mobile (US) Inc., TCT Mobile (US) Holdings, Inc., and Thales 

DIS AIS Deutschland GmbH1 (collectively, “Honeywell”) 

1 Petitioners also included Cradlepoint, Inc. but they 

are not a party to the appeal.

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petitioned for inter partes review (“IPR”) of the ’625 patent, 

asserting anticipation or obviousness based on three Third

Generation Partnership Project documents (“3GPP References”)2 and optionally Chen.3 The 3GPP References are 

documents publishing the results of several working group 

meetings by the cellular standard-setting organization

3GPP in 2004 and early 2005. Appellant’s Br. at 13–15; 

Appellee’s Br. at 1. Specifically, the three 3GPP References 

were uploaded and publicly accessible no later than November 21, 2004, December 3, 2004, and January 7, 2005, 

respectively. Decision at *3 nn.5–7, *6, *12–13. 

3G Licensing responded that the 3GPP References did 

not qualify as prior art because they post-dated the priority 

date of the ’625 patent. The ’625 patent was filed on March 

31, 2005, but claims priority from a foreign patent application (the “Korean Application”) that was filed on April 2, 

2004. But Honeywell argued that the ’625 patent was not 

entitled to the April 2, 2004 filing date of the Korean Application because that application did not provide sufficient 

support for the challenged claims, as it failed to disclose an 

E-AGCH. 3G Licensing then argued that the ’625 patent 

is entitled to its earlier priority date because the Korean 

Application teaches the use of a grant channel sharing the 

properties of the E-AGCH, even if does not call the channel 

by that specific name. J.A. 260. 

A central element of the parties’ dispute regarding priority was the proper claim construction of E-AGCH. In its 

Preliminary Patent Owner Response, 3G Licensing first argued that E-AGCH should be construed as “a single common grant channel capable of assigning multiple 

identifiers to a single UE that transmits scheduling grants 

to a single user equipment, groups of user equipment, or 

2 See Decision at *3, *3 nn.5–7 for the precise 

grounds and references.

3 U.S. Patent 7,155,236. 

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all user equipment on the channel.” Decision at *4. Honeywell argued that E-AGCH was a term of art that required 

no construction beyond its plain and ordinary meaning. Id. 

According to Honeywell, “3GPP first coined the term ‘Enhanced Absolute Grant Channel’ or ‘E-AGCH’ in late 2004, 

defining and standardizing that term in the process.” Appellee’s Br. at 1. In its Institution Decision, the Board preliminarily determined that “the E-AGCH disclosed in the 

’625 patent ha[s] ‘the same definition as disclosed in the 

3GPP standard documents,’ and [thus] that it requires an 

absolute grant.” Decision at *5 (quoting J.A. 366). 

Following institution, 3G Licensing revised its proposed construction of E-AGCH to “a single common grant 

channel that transmits scheduling grants to a single user 

equipment, groups of user equipment, or all user equipment on the channel, said channel supporting a single UE 

being assigned multiple identifiers.” Id. (quoting J.A. 483) 

(emphasis omitted). In response to the Board’s findings at 

institution, 3G Licensing argued that E-AGCH, regardless

whether or not it was a term of art, did not have a single 

accepted meaning at the time of invention and that the patentee had acted as its own lexicographer, defining it differently than in the 3GPP References. Id. at *5, *7. 3G 

Licensing pointed to the following portion of the specification in support: 

An Enhanced Absolute Grant Channel (E-AGCH) 

is a downlink channel used by a base station (Node 

B) to send a scheduling command to an user equipment (UE). In other words, Node B transmits a 

command as to how much transmission power or a 

level of data rate transmission an UE is permitted 

to transmit. This is also known as an uplink scheduling assignment or scheduling assignment.

Id. at *7 (quoting J.A. 481–82 (quoting ’625 patent, col. 3 ll. 

14–20)). 3G Licensing claimed that that disclosure was 

definitional and showed that E-AGCH was not limited to 

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absolute grants. Id. at *7. Further, 3G Licensing argued 

in its Sur-Reply that the E-AGCH used in the ’625 patent 

must differ from that used in the 3GPP References at least 

because it supports issuing scheduling assignments to 

three identities (an individual user equipment, a group of 

user equipments, or all user equipments on the channel),

whereas the 3GPP E-AGCH allegedly supports issuing 

scheduling assignments to only two identities (a “group 

identity” and an “individual identity”). Id. at *8 (citing J.A. 

482); see ’625 patent, col. 3 ll. 42–44. 

3G Licensing further argued that, even if E-AGCH was 

construed to require an absolute grant consistent with the 

3GPP References, the ’625 patent was still entitled to the 

earlier priority date because the Korean Application disclosed the “superset” of grants, which a person of ordinary 

skill in the art would have understood to encompass both 

absolute and relative grants. Id. at *9. In support, 3G Licensing put forth expert testimony, including testimony 

that a person of ordinary skill in the art would have been 

“aware of the influence of DOCSIS protocols,” which use 

“grant” without qualifying it as “absolute” or “relative.” Id. 

at *10 (quoting J.A. 3318–19, ¶¶ 24–26). In its Sur-Reply, 

3G Licensing further argued that the “scheduling assignments” referred to in the Korean Application “are a synonym for ‘scheduling grants’” and “the only kind of 

assignment or grant known at the time of the Korean Application to persons of ordinary skill were absolute grants.” 

Id. at *12 (quoting J.A. 633) (emphasis omitted). Honeywell argued that the Korean Application makes “only passing reference to generic ‘downlink channels to be used for 

transmitting scheduling commands’ in its discussion of the 

‘conventional technology in the field,’” but it “lacks any disclosure of the claimed ‘E-AGCH’” “nor even a functional 

equivalent thereof.” Id. at *10 (quoting J.A. 136–38).

In its Final Written Decision, the Board maintained its 

preliminary construction for E-AGCH, finding that “one of 

skill in the art would have understood that the patentee 

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used that term in the ’625 patent in accordance with the 

3GPP’s definition.” Id. at *6. It rejected 3G Licensing’s 

contention that the E-AGCH did not require an absolute 

grant, concluding that doing so would “ascribe no meaning 

to the word ‘Absolute’ in ‘Enhanced Absolute Grant Channel.’” Id. at *9. The Board noted that 3G Licensing did not 

present any evidence to support its contention that there 

was not a “single accepted meaning,” such as another “accepted meaning” for E-AGCH from the appropriate time 

period that differed from that in the 3GPP References. Id.

at *6. The Board also, just as at institution, found that 

there was no evidence of lexicography or disavowal from 

the patentee. Id. at *7. In particular, the Board found that 

the alleged definition in the ’625 patent relied on by 3G Licensing was “substantially similar” to how the 3GPP used 

the term. Id. at *8 (comparing J.A. 1168 to the ’625 patent, 

col. 3 ll. 42–44). The Board thus found that nothing in the 

intrinsic record was a “clear expression of an intent to depart from the meaning of this term as it would have been 

understood by a [person of ordinary skill in the art].” Id. 

The Board did not address 3G Licensing’s argument that

the 3GPP References do not disclose the claimed E-AGCH 

because the claimed E-AGCH requires the use of three 

identifiers, while the E-AGCH disclosed in the 3GPP References does not, finding that the argument “was not originally set forth in Patent Owner’s Response and [was] 

therefore untimely.” Id. at *14. However, it rejected the 

premise of 3G Licensing’s argument, holding that the ’625 

patent’s E-AGCH did not require sending scheduling assignments to three identifiers. Id. at *8.

The Board also disagreed with 3G Licensing’s argument that, even if E-AGCH was construed consistently 

with the 3GPP References, the ’625 patent was nevertheless entitled to the filing date of the Korean Application. 

Specifically, the Board found: 

Even assuming, arguendo, that [3G Licensing] had 

sufficiently shown an equivalence between the 

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8 3G LICENSING, S.A. v. HONEYWELL INTERNATIONAL INC. 

scheduling assignments and scheduling commands 

that are set forth [in] the Korean Application and 

the argued scheduling grants, [3G Licensing] does 

not point to any authority that would support the 

proposition that disclosing the broader, more generic concept of a channel that transmits a scheduling command or scheduling assignment in the 

Korean Application . . . is sufficient to provide written description support for the narrower, more specific [] channel that transmits an absolute grant.

Decision at *11. The Board also rejected 3G Licensing’s reliance on DOCSIS to show that the Korean Application inherently discloses both absolute and relative grants. Id. It 

concluded that DOCSIS, a cable standard, would not provide insight into what a person of ordinary skill in the art 

would have understood about the “rapidly evolving state of 

wireless cellular communications.” Id. The Board also 

found 3G Licensing’s argument that the Korean Application’s disclosure of “scheduling assignments” included absolute grants because those were the only types of known 

grants at that time to be untimely, unsupported, and at 

odds with portions of its expert’s testimony. Id. at *12.

The Board therefore found that the ’625 patent was not 

entitled to the filing date of the Korean Application, and

the 3GPP References thus qualified as prior art. It then 

held all challenged claims to be unpatentable based on the 

3GPP References. It did not reach the grounds relying on 

Chen. Id. at *19–20.

3G Licensing appeals. We have jurisdiction under 

28 U.S.C. § 1295(a)(4)(A).

DISCUSSION

3G Licensing makes largely the same claim construction and priority arguments on appeal as it did before the 

Board. In addition, it argues that (1) the Board erred in 

first relying on extrinsic evidence for the construction of 

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E-AGCH and then looking to see if the patentee had disclaimed such meaning, and (2) the Board erred in not considering its arguments regarding the extrinsic evidence 

because it found them untimely. We first address the construction of E-AGCH, and then whether the Korean Application discloses that limitation such that the ’625 patent is 

entitled to its earlier priority date.

I. CLAIM CONSTRUCTION

We review de novo the Board’s construction of a claim

term and any supporting determinations made based on 

the intrinsic record. Personalized Media Commc’ns, LLC 

v. Apple Inc., 952 F.3d 1336, 1339 (Fed. Cir. 2020). Any 

factual findings the Board made regarding extrinsic evidence are reviewed for substantial evidence. Id.

We agree with the Board that E-AGCH requires an absolute grant. Looking first to the claim term itself, it 

clearly uses the phrase “absolute grant.” ’625 patent, col. 

7 ll. 42–43 (claiming, in part, “an Enhanced Absolute Grant

Channel (E-AGCH)” (emphasis added)). As the Board 

found, not requiring an absolute grant would “ascribe no 

meaning to the word ‘Absolute’ in ‘Enhanced Absolute 

Grant Channel.’” Decision at *9. That understanding is 

further supported by the specification. It explains that the 

E-AGCH is used to “transmit[] a command as to how much 

transmission power or a level of data rate transmission an 

UE is permitted to transmit.” ’625 patent, col. 3 ll. 17–19. 

That is consistent with transmitting an absolute grant, 

which is the maximum amount of network resources the 

user equipment can use, rather than a relative value. See 

Appellant’s Br. at 7 (citing J.A. 3230, ¶ 41); J.A. 1167. 

Moreover, the specification also discloses an “Enhance[d]

Relative Grant Access Channel,” or “E-RGCH,” that it explicitly distinguishes from the E-AGCH. ’625 patent, col. 4 

ll. 24–25 (emphasis added). Those statements all support

the conclusion that E-AGCH requires an absolute grant. 

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The extrinsic evidence, the Board’s interpretation of 

which we review for substantial evidence, confirms that 

E-AGCH requires an absolute grant. For example, one 

3GPP Reference explains that the “E-DCH Absolute Grant 

Channel (E-AGCH) is a fixed rate (30 kbps, SF=256) downlink physical channel carrying the uplink E-DCH absolute 

grant.” J.A. 1219. The 3GPP References likewise explain 

what an absolute grant, relative grant, and E-RGCH are, 

providing further information regarding the meaning of 

E-AGCH. J.A. 1158, 1167–68. Those statements in the 

3GPP References are entirely consistent with the ’625 patent specification and demonstrate how a person of ordinary skill in the art would have understood E-AGCH at the 

relevant time. 

Although 3G Licensing attempts to separate its use of 

E-AGCH in the ’625 patent from that in the 3GPP References, it provides no persuasive reason not to consider the 

3GPP References’ use of the term. Courts, as well as the 

Board, frequently rely on extrinsic evidence for insight on 

the meaning of terms. As we have explained: 

In many cases that give rise to litigation, . . . determining the ordinary and customary meaning of the 

claim requires examination of terms that have a 

particular meaning in a field of art. Because the 

meaning of a claim term as understood by persons 

of skill in the art is often not immediately apparent, and because patentees frequently use terms 

idiosyncratically, the court looks to “those sources 

available to the public that show what a person of 

skill in the art would have understood disputed 

claim language to mean.” 

Phillips v. AWH Corp., 415 F.3d 1303, 1314 (Fed. Cir. 2005)

(en banc) (quoting Innova/Pure Water, Inc. v. Safari Water 

Filtration Sys., Inc., 381 F.3d 1111, 1116 (Fed. Cir. 2004)). 

Those sources include not only intrinsic evidence, but “extrinsic evidence concerning relevant scientific principles, 

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the meaning of technical terms, and the state of the art.” 

Id. (quoting Innova, 381 F.3d at 1116). Extrinsic evidence 

may be “less reliable” than the intrinsic evidence, but it 

still “may be useful” and “can help educate the court regarding the field of the invention and can help the court 

determine what a person of ordinary skill in the art would 

understand claim terms to mean.” Id. at *1318–19. As 

even 3G Licensing concedes, see Reply Br. at 6, extrinsic 

evidence showing that a phrase or word is a term of art, 

with a commonly understood meaning in the industry, may 

even be a starting point, provided that the claim construction process remains “centered” on, and consistent with, 

the intrinsic evidence. Old Town Canoe Co. v. Confluence 

Holdings Corp., 448 F.3d 1309, 1316 (Fed. Cir. 2006) (“The 

district court’s reference to the dictionary was not an improper attempt to find meaning in the abstract divorced 

from the context of the intrinsic record but properly was a 

starting point in its analysis, which was centered around 

the intrinsic record consistent with Phillips”)). As the 

Board found, 3G Licensing put forth no evidence of another 

accepted meaning of E-AGCH, such as from other industry 

documents or patents. See Decision at *6. 

We also agree with the Board that there was no clear 

intent by the patentee to redefine E-AGCH or otherwise 

disclaim another meaning. “When a patentee acts as his 

own lexicographer in redefining the meaning of particular 

claim terms away from their ordinary meaning, he must 

clearly express that intent in the written description.” 

Merck & Co. v. Teva Pharms. USA, Inc., 395 F.3d 1364, 

1370 (Fed. Cir. 2005). “[T]he statement in the specification 

must have sufficient clarity to put one reasonably skilled 

in the art on notice that the inventor intended to redefine 

the claim term.” Id. The statement that 3G Licensing 

points to at column 3, lines 14–16 of the ’625 patent is 

simply a general explanation of certain aspects of E-AGCH, 

not a clear attempt to broaden its commonly understood 

meaning. That disclosure makes no mention of the 

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inclusion of relative grants or any other grant type that 

would lead a person of ordinary skill in the art to believe 

E-AGCH does not require an absolute grant.

3G Licensing argues that the Board’s decision should 

be vacated and remanded at least because the Board failed 

to consider its argument that 3GPP References do not disclose the claimed E-AGCH because E-AGCH as used in the 

’625 patent requires issuing scheduling assignments to 

three identities (an individual user equipment, a group of 

user equipments, or all user equipments on the channel),

whereas the 3GPP References’ E-AGCH does not. See Decision at *14; Appellant’s Br. at 37–39. The Board did not 

consider that argument because it found it “untimely” as

being put forth for the first time in 3G Licensing’s Sur-Reply, rather than in its Patent Owner Response. Id. at *14. 

It further found that, regardless, the ’625 patent’s E-AGCH 

did not require the use of three identities. Id. at *7–8. 

3G Licensing argues that it properly submitted the arguments and evidence pursuant to 37 C.F.R. § 42.23(b) because it was directly responsive to arguments raised by 

Honeywell for the first time in its Reply and did not contain 

any new evidence. Appellant’s Br. at 4. 

We review the Board’s decision to exclude or not consider evidence and argument for failure to comply with its 

rules for abuse of discretion. ParkerVision, Inc. v. Vidal, 

88 F.4th 969, 978–79 (Fed. Cir. 2023). Here, 3G Licensing 

does not contest that it did not raise the three-identities 

argument in its Patent Owner Response. Nor cannot it 

plausibly claim that it was not previously on notice that 

Honeywell—and the Board—were relying on the 3GPP 

References as support for its construction of E-AGCH. Indeed, the Board in its Institution Decision said that the “EAGCH disclosed in the ’625 patent ha[s] ‘the same definition as disclosed in the 3GPP standard documents.’” Decision at *5 (quoting J.A. 366). 3G Licensing has not 

provided a persuasive reason it could not have made its 

three-identities argument sooner. The Board therefore did 

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not abuse its discretion in declining to consider that belated argument. 

We further agree with the Board’s alternative holding 

that, regardless, the E-AGCH claimed in the ’625 patent 

does not require sending scheduling assignments to three 

identifies. The language in the specification that 3G Licensing points to is permissive, not mandatory. See Personalized Media, 952 F.3d at 1343 (explaining that the 

descriptions in the specification “fall short of limiting” and 

“are not definitional” because “they are merely illustrations 

that use open-ended, permissive phrases”). For example, 

that language explains that “[i]n E-AGCH, scheduling assignment(s) can be transmitted from Node B via shared 

channel(s) to an UE, group(s) of Ues, or all the Ues.” ’625 

patent, col 3, ll. 42–44 (emphasis added). As the Board 

found, nothing in that statement expresses a clear intent 

to define the term to require sending scheduling assignments to three identities. Decision at *8. 

We are likewise unpersuaded by 3G Licensing’s additional argument that the use of “an” in the claims, ’625 patent, col. 7 l. 42, shows that the E-AGCH is limited to a 

single channel. We have “repeatedly emphasized that an 

indefinite article ‘a’ or ‘an’ in patent parlance carries the 

meaning of ‘one or more’ in open-ended claims containing 

the transitional phrase ‘comprising.’” KCJ Corp. v. Kinetic 

Concepts, Inc., 223 F.3d 1351, 1356 (Fed. Cir. 2000). We 

therefore find that, although E-AGCH may be a single 

channel, there is nothing in the claims or specification that 

limits it to such. See Decision at *9. 

II. PRIORITY DATE

3G Licensing argues that, even under the Board’s construction of E-AGCH, the Board erred in not finding the 

’625 patent entitled to its earliest priority date, i.e., the filing date of the Korean Application. “Priority of invention 

is a question of law to be determined based upon underlying factual determinations.” Innovative Scuba Concepts, 

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14 3G LICENSING, S.A. v. HONEYWELL INTERNATIONAL INC. 

Inc. v. Feder Indus., Inc., 26 F.3d 1112, 1115 (Fed. Cir. 

1994) (citing Price v. Symsek, 988 F.2d 1187, 1190 (Fed. 

Cir. 1993)). “Whether an earlier-filed application possesses 

sufficient written description to qualify it as a priority document or is instead invalidating prior art is a fact-finding 

we review for substantial evidence.” Hologic, Inc. v. Smith 

& Nephew, Inc., 884 F.3d 1357, 1361 (Fed. Cir. 2018) (citing 35 U.S.C. §§ 112, 120; Yeda Rsch. & Dev. Co. v. Abbott 

GmbH & Co. KG, 837 F.3d 1341, 1344–45 (Fed. Cir. 2016)). 

The Korean Application nowhere explicitly discloses an 

E-AGCH, a channel having the properties of the claimed EAGCH, or even an absolute grant. 3G Licensing’s best argument is that the Korean Application discloses the general concept of a channel transmitting scheduling 

commands through its use of scheduling assignments 

and/or scheduling commands. See generally J.A. 1377–92. 

However, there is no record evidence that a person of ordinary skill in the art would have understood that disclosure 

to be referring to, including, or inherently disclosing absolute grants. See Decision at *11. 3G Licensing’s only evidence that “grant” may include both absolute and relative 

grants is unsupported expert testimony, or expert testimony concerning a cable, not wireless, system. Id. The 

Board was entitled to give little weight to that testimony, 

and it is not appropriate for us to reweigh it. See B/E Aerospace, Inc. v. C&D Zodiac, Inc, 962 F.3d 1373, 1379 (Fed. 

Cir. 2020) (“We do not reweigh evidence on appeal.”).

We therefore find the Board’s conclusion that the Korean Application did not disclose the claimed E-AGCH to 

have been supported by substantial evidence. For that reason, the ’625 patent is not entitled to the filing date of that 

application and the 3GPP References qualify as prior art. 

3G Licensing does not otherwise challenge the Board’s 

findings of obviousness and anticipation based on the 

3GPP References, so we therefore affirm. 

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CONCLUSION

We have considered 3G Licensing’s remaining arguments but find them unpersuasive. For the foregoing reasons, the decision of the Board is affirmed. 

AFFIRMED 

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