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Message: Re: "Independent"...ease
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Dec 06, 2008 09:08AM

Dec 06, 2008 01:20PM
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Dec 07, 2008 04:32AM
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Dec 07, 2008 05:54AM

Will it be on a claim per claim basis, or on the patent as a whole? Two entirely different animals no?

Not really...if as many suspect, that claim 29 is really the whole heart, soul and "bite' of the 584 patent then if we lose that claim or have to modify it in a way that reduces its "bite" then a reexam notification can still be issued on a less potent patent ...the patent, as even now under reexam, is still valid but the potentcy and means of imposing licenses on suspected infringers goes by the wayside.

The only way to keep 584 as a potent patent is to continue to argue our case, in person preferably, with the examiner and his supervisor at the PTO, and get the reexam issued with our claim intact or modified in away that is acceptable to the examiner and the PTO and at the same time doesn't reduce the potentcy of claim 29 and the patent.

Is that possible?...Yes it is, but it's not an easy accomplishment especially at this late stage of the game.


JMHO

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