While that may be true, what you are hoping for is far from concluded. We just spent the last 24 months discussing every avenue of the '336 with the USPTO. I think it would be somewhat reckless to assume we just need our day with the appellate board to get things "worked out". I have a hard time believing the appeals process will render a different decision or at least a decision that will leave teeth in the '336. Most people felt the same way about our day in the sun with the appellate court concerning the '584. We just needed to present the information to individuals with stronger technical knowledge. The end result was a higher court agreeing with the lower court. I know to some degree that may be apples and oranges but, I tend to think the appeals process within the USPTO will be no different. We now face the problem of being mired in the beuracratic BS that is the government. I'm willing to bet that the chances of one group of peers over turning another is pretty low. The term "independent" seems to be the difference between life and death for the patent. Is it safe to say the Supreme Court has unleashed Pandora's Box with their KSR ruling? Applying the "obvious" litmus test seems to be wide open for interpretation.