The Patent Trial and Appeal Board granted Birchtech Corp.'s request for director review of PacifiCorp and MidAmerican Energy Company’s inter partes reviews, vacated the decisions granting institution, and remanded to the board for further proceedings. The board should have decided the priority date issue or instituted only the first-ranked petition challenging each of two patents, the review concluded, and because the parties already briefed the priority date issue, and the board made preliminary findings on priority, the proper course is to remand for the board to determine which petition challenging each patent to institute.
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