Re: Nutzenbaum - According to the "Notice of Reexamination Request
posted on
May 09, 2009 06:13AM
<I was looking at the mailing date of the 23rd on the cover letter. When was the summary posted to the website?>
Probably the most important statement made here in awhile. I do believe that the summary did not get posted right away. Similar to the 584. We were surprised there was that much going on behind the scenes that we were not up to date on, until it finally got posted much later.
Which might logically mean that the new request for 336 reexam did not have the foresight of the examiner's summary. And in that summary the examiner agreed to one amendment - second clock signal does not originate from the ring oscillator variable speed clock. The other point which they may or may not agree to was - the cpu operating asynchronously to the input/output interface.
If the examiner is in agreement with both first and second items mentioned in the summary, those same agreements would additionally disallow the new pior art, IMHO. I believe the examiner has to make a decision on what he is going to do with the present reexam, before he can entertain the new request. To do otherwise is a complete waste of his time and the patent owners. Much hinges on whether the examiner is capable of rejecting the second proposed amendment for good cause. Of course I'm assuming the patent owner is willing to make the amendments mentioned in the summary.
GLTA Opty