"one would re-open the re-exam request when it is close to being rejected, for the following reasons
- the requesters fears that the initial rejected will be reversed
- he feels strongly about the prospect of re-certification/ratification upon appeal
- he stands to lose a lot of money upon ratification
- he is guilty of violating the patent
This is a delaying tactic. It actually bolsters our case for appeal. That there is strong suspicion of the examiner's error advertently or inadvertently"
Two things that I have a problem with:
1) In an Ex-parte reexam, after the request for a reexam, the requestor has no further communications with the examiner. The only parties who communicate during the process are the inventor, or his representative, and the USPTO.
2) The inventor is the only party that can request an appeal of a decision.
I think certain parties are trying to usurp the system by getting different attornys to request reexams, and by attempting to get the examiner to revist prior art (Kato), (Ledzius et al.) is a form of appeal that is also against the established rules.
