USPTO and 749 Patnet

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optymystic

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USPTO and 749 Patnet

posted on Apr 11, 2008 12:42PM

It would appear that only claim 1 of the 749 is in the request for ex parte review. So I suspect that this would not hold up the 336 or 148 ex parte reexams, but probably would as far as the 584 goes. The 584 is directly related to claim 1 of the 749. Should they win appeal on the one markman term, TPL may not have to worry about the 584 for at least a couple of years. Imagine if TPL went through all the trouble of appealing the markman term, and win appeal, but then gets slamed by the USPTO anyway. The 749 review perhaps guarantees them some time. Interesting that the 749 review could be a blessing in disguise.