Please note the part in BOLD. It shows no claims being confirmed, one claim being amended (29), and claims 30-54 being canceled. It makes no mention of claims 1-28 either being rejected, or confirmed. The only conclusion I can draw from this is that claims i-28 were not subject to re-examination and must be ok, JMO. So the statement in the Pacer regarding only one claim in force is bunk? We should see a rebuttal by TPL in a future PACER.

Notice of Intent to Issue Ex Parte Reexamination Certificate

Control No. 90/008,225, cj O/OO Q, 2A4

Patent Under Reexamination

Examiner MAJID A BANANKHAH

Art Unit

3992

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -

1. El Prosecution on the merits is (or remains) closed in this exparte reexamination proceeding. This proceeding is

subject to reopening at the initiative of the Office or upon petition. Cf. 37 CFR 1.313(a). A Certificate will be issued in view of

(a) El Patent owner's communication(s) filed: 02/09/09.

(b) D Patent owner's late response filed:_____ .

(c) D Patent owner's failure to file an appropriate response to the Office action mailed:____ .

(d) D Patent owner's failure to timely file an Appeal Brief (37 CFR 41.31).

(e) D Other:_____ .

Status of Ex Parte Reexamination:

(f) Change in the Specification: Q Yes G>3 No

(g) Change in the Drawing(s): D Yes E No
(n) Status of the Claim (s):

(1) Patent claim(s) confirmed:.__.

(2) Patent ciaim(s) amended (including dependent on amended claim(s)): 29

(3) Patent claim(s) cancelled:____ .

(4) Newly presented claim (s) patentable:___ .

(5) Newly presented cancelled claims: 30-54.

2. D Note the attached statement of reasons for patentability and/or confirmation. Any comments considered

necessary by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly to avoid processing delays. Such submission(s) should be labeled: "Comments On Statement of Reasons for Patentability and/or Confirmation."

3. D Note attached NOTICE OF REFERENCES CITED (PTO-892).

4. D Note attached LIST OF REFERENCES CITED (PTO/SB/08).

5. D The drawing correction request filed on_____ is: D approved D disapproved.

6. D Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).

a)Q All b)Q Some* c)D None of the certified copies have O been received. l~l not been received.

D been filed in Application No._____ .

CJ been filed in reexamination Control No.____ .

i been received by the International Bureau in PCT Application No.

* Certified copies not received: _ .

7. D Note attached Examiner's Amendment.

8. D Note attached Interview Summary (PTO-474).

9. D Other: _ .