Re: '148 Examiner Interview/ emt/obviousness....
in response to
by
posted on
Aug 18, 2008 11:54AM
My assumption is that the resposne will be the answer that we want the PTO to consider that there is no obviousness involved here...or at least that it's too far a stretch...the examiner doesn't issue a final rejection or a notice to issue a reexam certificate without a committee convening for their final decision...which makes it more fair for both parties...if we lose we can appeal within the PTO and we lose that we can appeal inthe courts.
And yes it is alot more subjective than a prior art issue, thus the harder battle to fight ...RG wasn't blowing smoke when he told us ...months ago...that this process could take a long drawn out time of months and even years...and even then no guarantee of success