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Message: Re: SGE Can You Speculate? Opty/All
1
May 09, 2008 04:17AM

Right now I'm admittedly a bit confused. Not so much about the files being moved around, but for another reason - affecting my recent speculation - relating to the "docketing" of control numbered actions to a single examiner.

My prior speculation about the movement of files remains intact. Actions appear to be being re-assigned for some unknown reason, so the files are being updated with newer hardcopy paper generated by the prior examiner, and that paper is being scanned into PALM (the USPTO dtat base) as part of the update effort. This is being done in the Record Room. Thus, when the scanning and files update is complete, all the paper can be retired to storage, and the re-exam effort can continue with the examiner using the updated data base/PALM as his complete and up-to-date information resource.

Notice that I just said "re-assigned for some unknown reason". Here's why (as posted this morn by Poker MVP):

Fact: Supplemental Information Disclosure Statement under 37 CFR sections 1.555 and 1.565 filed on 11/6/07 at USPTO: provides the following Notice of Concurrent Proceedings (page 2) - (2) Reexamination Control No 90/008,237, which is a reexamination proceeding involving '336, which is related to '584, the subject of the present reexamination; (3) Reexamination Control No. 90/008,474 which is another proceeding involving '336, which is a related to '584, the subject of the present reexamination; (4) Reexamination control no 90/008,306 which is another reexamination proceeding involving '336, which is related to '584, the subject of the present reexamination; and (5) Reexamination control 90/008,227, which is a reexamination proceeding involving '148, which is related to '584, the subject of the present examination.

This info had me totally confused. It also blows my prior speculation [re: the three (near complete) re-exams being assigned to one examiner to assure consistency before final actions are taken] right out of the water.

I was (mistakenly) under the impression that Control Numbers were assigned on a patent (re-exam) by patent basis. In other words, one control number per patent.

The "docketing" to a single examiner discovered the other day (BillW, I believe) had to do with Control Numbers 90/008,474 (which at that moment-of-info was supposed to be specific to the '336), 90/008,306 and 90/008,237, which were presumed (by me) to be related to patents '148 and '584. Thus, my erroneous speculation that all three re-exams had been assigned to a single examiner, presumeably for reconciliation of findings.

But I have just figured out this Control Number assignment thing:

From the USPTO Glossary:

Control No. - unique number assigned to a patent reexamination request when it is filed, having a 2-digit series code (90 for ex parte reexamination requests; 95 for inter partes reexamination requests), and a 6-digit control number.

So it appears the numbers are assigned based on requests for re-exam - a new Control Number for each request for re-exam. Apparently (and I seem to recall this), there were three separate requests for re-exam of the '336. Thus, three Control Numbers.

So my hopeful speculation that the 3 re-exams had all been assigned to one examiner for final reconciliation appears to be wrong. That is, unless and until we see something about re-assignment of other Control Numbers (for the '148 and '584) to the same examiner.

SGE is wrong - again - on yet another bit of speculation!

Hopefully other of my speculation is more accurate, but that's contingent on some things happening.....(!)

Apologies.....

SGE

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May 09, 2008 07:49AM
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May 09, 2008 08:24AM
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May 09, 2008 08:49AM
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May 09, 2008 10:22AM
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