It is interesting that no non-final rejection shows anywhere on any of the 3 reexam applications that were merged into one under the the app. number 90/008,306. It could mean that the litgation search shows to the examiner the opinion of Judge Ward on the claim(s) in question on the ...336 patent. On the other hand, if you notice the timing of the reexam procedures ,listed below, you will note that the examiner assigned to the combined reexam applications really only got the whole combined file(s) just issued to him. It may be possible that he is in the early stages of the reexam process, since they've now been combined, and hasn't issued any letters of consequence yet to the patent owners.
| 06-18-2008 |
Reexam Litigation Search Conducted |
| 05-12-2008 |
Certificate of Mailing |
| 05-12-2008 |
Certificate of Service |
| 05-12-2008 |
Information Disclosure Statement Filed |
| 05-06-2008 |
Case Docketed to Examiner in GAU |
| 04-11-2008 |
Decision Merging Proceedings |
If he is in the early stages of the 3 app. combination review this may relate to the RG statement in his letter that the reexams take months and years to complete. He may just be giving us a heads-up to the fact that the 148 reexam may be nearing completetion but the 336 is still months away.
jmho
