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Message: Re: Opty & Emtnester / Re: Respose to 148 OA is available for viewing

IMO it is not unusual to "sacrifice" some claims, esp. since 14-25 were labled new claims on the examainer's non final action. It is a good negotiation step....give up something to get something. If I'm reading the latest filing correctly, Moore and the lawyers don't want to give them all up as unneeded, they do mention that 1 or 2 claims should be viable since they relate to claim #8 which they are defending vigorously.

Although they didn't reach an agreement in the face to face, what seems to have transpired is the examiner telling our side to put into writing what they claimed, in person, verbally. IMO the examiner will again meet with those present at the meeting from the PTO, if he hasn't done so already, and based on the specificity of the response submitted by our lawyer,(who by the way did a nice job of verbally defending our claims, based on what I read in the meeting summary) then decide whether to issue a notice of a reexamination certificate. or they could meet gain, probably by phone this time, to argue out any differences.

The goal of our lawyer is to get this certificate issued as quickly as possible, even if a meeting by phone will speed it up.

It's basically in the PTO's hands now for a finalization..examiner and the others involved in the committee-type review...meanwhile our lawyer stands ready, at their conveniece, to help get through this process unscathed. An answer could come anywhere from a few days from now till about a 4-5 weeks from now. IMO the PTO will make sure that every I is dotted and every T is crossed to ensure that whatever decision they render is supported to their satisfaction.


Sep 08, 2008 11:08AM
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