Acceleron, LLC owns U.S. Patent No. 6,948,021, which discloses a computer-network appliance containing several hardware modules that can be removed and replaced while the appliance remains on. The Patent Trial and Appeal Board of the Patent and Trademark Office instituted inter partes review of the ’021 patent based on Dell Inc.’s petition under 35 U.S.C. § 311 et seq. After conducting the review, the Board confirmed the validity of claims 14–17 and 34–36. Dell appeals those rulings, primarily challenging the Board’s finding that the key prior-art reference fails to disclose a particular claim element. Acceleron, for its part, appeals the Board’s cancellation of claims 3 and 20 as anticipated. As to claim 20, Acceleron challenges the Board’s claim construction, and as to claim 3, Acceleron challenges as procedurally improper the Board’s reliance on a basis first raised during the oral argument before the Board.
We affirm the Board’s confirmation of claims 14–17 and 34–36. We vacate the Board’s cancellation of claim 20 and remand for reconsideration of anticipation under the correct claim construction. We vacate the cancellation of claim 3 and remand for reconsideration of anticipation as appropriate.