These are my rebutals to a poster on our rejection of the 336 for obviousness. It was my contention that KSR was reponsible for possibly new guidelines that the USPTO was now using. This was written before we knew that Moore was not involved in the last response to the USPTO regarding the 336 re-certification. We need to get Moore involved to be successful in our appeal.

My response is to the bold

------------------------------------...

"It is more to do with understanding engineering concepts than KSR obviousness, in my very humble opinion."

It can be proven by engineering concepts that the examiners claims of obviousness are unfounded, but in my opinion the reason for those unreasonable claims of obviousness could very well be because of new guidelines imposed because of the KSR ruling.

"If the conclusions as to obviousness are based on a flawed understanding, as articulated by respected posters on this board with the required technical background, the findings are erroneous and the examiner will have to either recant and confirm the patent, or adhere to the version presented and undermine his skill and authority at an appeal."

Exactly. And if it were not for KSR he probably would not attempted his obviousness challenge and we would be re-certified which we are not becuse we were denied certification. Which we have to appeal.

"I say confirm the patent, as the examiner has exhausted all avenues presented in the final rejection for prior art and obviousness."

I say the same thing. But I tend to see things as they are and not how I would like them to be. Do I feel we will be re-certified?..Yes, but we have a bump in the road to navigate that in my opinion was caused by KSR.

I think we have the same conclusions but have a different opinion as to why we are here. IMO we were denied certification and KSR was a major factor. We are not out of avenues to pursue but we have to do a better job explaining our position to the review board at appeal if that is the course we choose. I am not entirely happy with TPL IMO they blew the discovery phase of the J's proceedings and they screwed up this re-certification.

Best of luck