Another agora poster did a study and showed that Patents in litigation AND being re examined by the PTO take more like seven months to complete. 336 re exam was ordered 4/5/07 Seven months was up 11/5/07 today is 12/4/07 PTO ru;ing is very close IMO. Thats why JW agreed to the stay in the first place.

We do NOT know this to be a fact.  However we do know that JW does NOT typically Stay a case while waiting for a PTO ruling.

We've lost 30 days of Valuable and non replaceable court Prep time.

"IF" the J's are now asking for the stay to be extended while we wait for the PTO decision which may or may NOT come before the trial date, again, from what I've read about our Judge, the answer will be NO.

The fact that there has NEVER been a Non Final Rejection on the 336 or the 148 as there was on the 584 (based on the Judges interpretation of Claim 29) Speaks Volumes to me.

What that "says" to me is that the USPTO "IS" deferring to the Court's interpretation's in a Big Way.  No, they don't have to and the examiner's decision can be appealed as can any court's decision with grounds.

Based on JW's past ruling regarding granting stays while waiting for a PTO decision and based on the fact that we have Christmas and New Years coming with with LESS than 34 days TOTAL LEFT BEFORE TRIAL, IMO Judge Ward will NOT Wait for the PTO decision.

How foolish would that be?  If anything, I'd imagine that JW will be ready to sanction the J's if this current stay was for Settlement as MOST believe, and now they are saying, your honor, we haven't settled and now we want to just sit here and wait for the PTO's decision.  If it doesn't come before the trial date in 34 days, then we'll proceed to court...............YEAH RIGHT!!  NEVER gonna happen.

All in my opinion based on the facts I do know.

GLTA

Deb