Iam...I feel the heart of the matter is here...
Where the issues that the petitioner exhibits (3) as prior art, should they each now be subject to the AIA IPR process of validity in the capacity that e.Digital represents?
With that, never mind in the capacity that e.Digital represents. Do they each qualify as publications under their own initially conceived merit, scrutinized under IPR validity review.
The old saying..."what's good for the goose is good for the gander"
Some where the PTAB has to draw a line...
doni
