What would happen if Phoenix (we) as original patent holders file for , say, 6 more patents.............I will call them 584b, 584c, 584d, 584f and so on. Say there is need to compliment the 584 patent we hold with new patents of similar origin. Then we copy the 584 and just change the wording to reflect the phrases that the court has adopted for b. We then send in another patent app. with all the different phrases we can think up to make our point with regard to line item 29 and make up c, d, e, f ,and g. State that we own the prior art and we are just expanding the scope on each new patent app. We could go as far as applying for 100 new patents all just worded slightly different in places. That would make a point, why don't people do that in the first place? Well , with their actions , maybe people should. Who are they to say how some claim should be stated anyway? They could not in their wildest dreams come up with such patents themselves, and what other tech advise could they use, someone else who could not dream of such themselves.

Now , after the fact, we have them second guessing themselves, or are they being told how to rule? Who gives the tech advise, EE's with 20/20 hind sight and some reverse engineering and several years of trying to find a work around. Come on, give us a break.

I say we get the chance to rewrite the items at issue (that is in the re-exam rules) and go forward, all that would happen is the infringer's will have a different time basis to would with , but they are and will all still be there. My post about the spirit of the patent (spirit of the law) is the main factor that should win out. The context of the issues,..........in the 584 (multi fetch)