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Message: Much Ado About Nothing? Milestone

Re: Much Ado About Nothing? 2ndmail/ britania

posted on Mar 18, 2009 08:21AM

what is your opinion of what the final outcome will be ??



Depending on when the Appeal Brief is filed, it could be as little as 2 months if the Notice of Appeal is filed quickly, or 5 months if the full period is used, there are 2 potential outcomes:

1. The examiner, on reading the brief, could re-open the prosecution and confirm validity... should he have made such a blatant error regarding the clocks, does he want that information about his ability determined by the Board?;

2. It goes to the Board for a decision.



A tenacious Brief which pulls no punches regarding the current decision would in all likelihood be settled by the examiner, but even if the examiner argues his interpretation and the case has to be determined by the Board, I find it difficult to see the joined patents being disallowed in their entirety.

I wouldn't be surprised to see the examiner's decision on the clocks discussed at length on engineering blogs, at least. Perhaps letters to one's respective representatives asking in general how much harm is suffered by companies due to erroneous USPTO re-examinations decisions, using the '336 as an example of a potential error?

In light of proposed patent reform, it might even be suggested that some in Congress (an ad hoc Congressional committee?) could use the prosecution of the '336 as an exemplar?



Once the Brief is filed, I'll be able to give a more informed decision.







Be well

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