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Message: Re: Mark4321 - Still hope even if a Final OA Rejection,opty

Aug 25, 2008 04:37PM

I disagree, the examiners are there to aid the patent owner in any way they can to get their patent approved...they make suggestions to the patent owner on a regular basis in how to amend or add claims in order for the patent to get an approved patent and/or rexam. in fact if you look at the 336 interview summary you will see where the examiner made suggestions to Moore for amending certain claims...Moore declined though stating that the term "independent" was sufficient..in fact Moore declined most of the examiners suggestions for amendments and additions.

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IMO this is more like I've been used to at the PTO. After a face to face there s usually an "understanding' of what is needed for the patent owner to get through this rexam or a "disagreement of the minds" regarding the examiners point of view...the first interview summary on the 148 had nothing checked at all, no agreement, disagreement or even an NA box checked...but when one reads his written remarks one can see that Moore and the examiner came to certain conclusions that would get Moore past that first non final action...that type of meeting agreeement is lacking in the second summary IMO....most always one can ascertain what came out of any face to face with the PTO...all one has to do is read the comments of the examiner regarding what transpired in the face to face meeting....it's pretty clear to me that once I read the 336 summary .we're a long way off on any "meeting of the minds" there. JMHO

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Aug 27, 2008 11:36AM
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