before 1999. I just got off a telephone call with the USPTO head of the re-exam office. Naturally , I never mentioned any patent number, inventor or stock name and was merely an interested citizen. The call was just at 1.5 hours.
I will try to convey all of the good news - but mind you my head is swimming and I am surrounded by notes. One thing I can start out with is: I am certain that we will win any re-exam , and even better, this is in some ways superior to winning in court. I repeat I am 100% certain that we will prevail in a completely favorable light. DO NOT take my word for this. I will provide all the links and information I able to. You will have to do a little research, but you have just saved yourself hours, since I have been on this since 8 a.m. in total.
http://www.uspto.gov/web/offices/pac...
look at the flow chart in chapter 2200 - it is only one page 2201
note - ONLY we can appeal a ruling as to our patents - the 3rd party requester is banned from any appeal whatsoever.
The commercial section is so favorable to us it is over the top - see chapter 2100 and chap 700 - use the PDF version then search i.e. "commercial success" if a patent is commercially successful it's patent is valid just on the patent's commercial success alone! In our case have we sold any licenses? Are we making any commercial money? Are we spending an unusually high amount on advertising that is the sole cause of our commercial income? (If you know me that is one of the funniest things I have ever heard)
So in layman's terms, the 3rd party is out of the loop after their first bite and we are in the loop with the USPTO for the entire process to help them see our position, then no matter what happens WE are the ONLY ones that can appeal if necessary and it will not be necessary - do the research - I have to go for now.
#700, 2100, also chapter 2200 ex parte (use the search button in the upper tab bar above the PDF window.
if you need further assistance there is a number I posted earlier that you may call for navigation assistance - they are friendly and helpful in navagation