<Remember... the USPTO made no decision on the '584 until J Ward's Markman Ruling.. then they quickly lock-stepped with him on it... I would suspect the same may be true of a favorable '584 Appeal Ruling..>
I'm going from memory, but I do believe is was the 584 response that contained one maybe two instances where stuff that was put together for trial did not correctly convey what Moore is saying in the response. Hence, some risk. Also the 584 is extremely technical in nature, especially if the examiner is not an expert in the field. It is my understanding that expertise is not used as the basis for assigning work, but knowledge of rules and work processes. Hence, some risk. For these reasons, it might be better to have the 584 be put on hold until the 749 is done, thus guaranteeing that they have at least a couple of years, as a minimum. Opty
