Responsive to the previous note (reproduced below) an astute observer points to the limited scope of post-grant review in a controversial Patent Office decision.  The observer cites a PTAB decision involving a Covered Business Method (CBM) proceeding, Apple Inc. v. SightSound Technologies, LLC, CBM2013-00021, slip op. at 23-25 (PTAB 2013)(Arbes, APJ)(attached):  A split panel procedurally denied consideration of a double patenting ground for invalidity.

Hon. Michele K. Lee, Her Involvement:  There is no evidence that the double patenting decision has the involvement of the Under Secretary.

A copy of the relevant portion of the opinion is attached.