I have a question. In the two year period of re-examination process, how much actually time is spent on one case? 40 hours/week for 2 years? I think not. Think about it. The examiner must be dealing with multiple cases. How many cases come across the desk of a single examiner in that 2 year period? EMTNESTER, your thoughts?

How can he keep his focus on the subject matter of multiple cases if perhaps he works on one particular case for a week or two, and then works on another case for a week or so and then on another, and another and by the time the rotation comes back to the first one, how much time has past? And, on top of that, how the heck does his refresh his mindset and stay tuned in to the intent of the patents involved and all of the cited prior art. WTH., Are these guys geniuses?

Hell, I'm sure that many of my projects at work are not nearly as intense as this 336 patent re-exam, but mine are not peanuts either. And I know from experience, coming off a one week vacation throws my ass in a tailspin just trying to figure out where I left off. My point is, if the case load is heavy, and the examiners works on cases in sporatic time frames, mistakes can easily be made. An examiner's mindset may lean one way this time and the other way the next time. Like plucking petals off a flower. It's obvious, it's obvious not. It's obvious, it's obvious not. And then the deadline approaches and he's left with one petal to pluck. But WDIK, I'm not a genius ;-).

You over there, Fat Lady. Yes, I'm talking to you. Just sit your big fat butt down.

Regards,
PxP