USPTO Announces Reexamination Request for MBI Patent

Scott Daniels | September 22, 2009

The PTO announced today that Shimano, Inc., has filed a request for an inter partes reexamination of U.S. Patent No. 7,503,868 owned by MBI, Co., Ltd., of South Korea. The ‘868 patent is entitled “Automatic Speed Changing Device.” These devices are used primarily, though not exclusively, with bicycles.

The request asserts that all eight claims of the ‘868 patent are anticipated by each of two prior art patents, both issued to Shimano, neither of which was cited during the original ‘858 patent prosecution. The request also states that eight claims of the ‘858 patent are obvious over a third prior art patent in view of a secondary reference. The third patent was cited during the ‘858 patent prosecution, but Shimano asserts that it was “not discussed in any substantive manner by the examiner.”

The PTO is expected to announce by October 24, 2009, whether it will grant the request for reexamination. The ‘868 is not currently the subject of any pending litigation.

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