Yesterday I offerred some really wild (and very hopeful) speculation about where we MAY be at with regard to the re-exams of the '148 and '336. But the more I think about it, the less wild it seems (funny how that happens! LOL).

Today my intent is to elaborate on this conjecture a bit, and solicit feedback/criticism. As with all my conjecture, my intent in posting it is not to try and "sell" the idea, but to test it using YOUR minds. I KNOW from my business experience that the ultimate test of any proposal/proposition is the "test of reasonableness". The result is to determine whether the conjecture is valid or not - whether it's a WAG or a SWAG. IMO, that's the best that can come of this, because we will not KNOW the true answer until whatever happens happens.

Regardless of one's opinions regarding any other conjecture/theories that have been thrown out there, it seems that virtually everyone would agree that these re-exams are rather pivotal to the success of PTSC. Ergo, we should all be at least "interested".

So heregoes.....

The proposition of yesterday was the suggestion that the basic re-exam of the '336 is complete, but further processing for a Certificate of Re-examination is being held until the '148 is also ready for processing. This would be an action by the examiner toward achieving some processing efficiencies, as these two patents appear very "intertwined"/integral. Thus, when one of them is presented for the multi-examiner final review, those folks can be made familiar with one patent and use that familiarity to facilitate final review of the other patent.

Since the '148 makes direct reference to the '336 in its claims, it's reasonable, IMO, to expect the review of the '336 to be completed before initiating action on the '148. If the '336 is flawed, the '148 would seemingly be likewise flawed, and therefore may not even require extensive review (effort savings).

We know, per the review status info posted by Eggbert (5/3 3:58 PM) that the files on the '336 have been placed into a repository (presumably short-term storage) and that the files on the '148 have been moved to the Records Room at about the same time. I don't know, but I suspect the Records Room is an information resource - perhaps for review of records of patents cited as prior art. Perhaps someone here KNOWS (?).

So, if the '336 has been placed in storage (held), it's IMO reasonable to assume that it has already receieved its needed attention. As Emtnester suggests in his post (with his prior experience is these matters):

http://www.agoracom.com/ir/patriot/m...

the '336 is to the point where it's either ready for final action, or there are further questions being formulated. However, it seems to me that if the '336 were still a "work in process" (i.e., questions for the patent holder pending), that it would not be placed in the repository/storage. It would remain "active", as one would expect that any further questions to the patent holder would be responded to almost immediately.

And, again, the '148 being moved to the Records Room may indicate that it is now in "active" mode - being worked.

All of this supports my proposition. Also supportive are some of the "clues" cited in other of my conjecture, along the lines that there was an expectation by TPL/PTSC that something might break soon at the USPTO regarding at least one of the patents ('336); hence the possibility of the delusional contingency theory (they would not enter such a deal if they didn't have a warm feeling about success at the PTO, and soon) and the trading restrictions (suggesting something happening soon after to make this action appropriate).

Some may re-state historical time lines for re-exams to "poo-poo" this conjecture. Fair enough. But to this I remind that the average re-exam does not have the benefit of a recent (successful) Markman, the court testimony of persons very knowledgeable in the field (e.g., Despain), nor a patent holder and support staff (Moore and TPL) highly skilled with the ability to explain the intricacies of the patent against the petitioner's claims of prior art, etc. IMO, the '336 had a giant "leg up" in the re-exam process due to these things. Likewise the '148.

'Nuff said - have at it! Please!

'Cuz I KNOW nuttin'!

SGE