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Message: My understanding of the '584 recert status

My understanding of the '584 recert status

posted on Jul 16, 2009 11:43AM

It is true that per the USPTO site, the '584 recertification has been issued. Additionally, it is true that around the time some of the other recent re-exam requests and lawsuits came about, the UPSTO lawyer for our side Larry Hennemen (sp?) submitted a petition that in MY analysis was intended to "for the record" notify the examiner for the 584 that these additional issues had taken place and he did so "out of an abudance of caution". I'm sure that off the record he was probably aware and made aware of those issues at the time they took place. Yesterday, the transaction history for the '584 showed that petition was dismissed.

Now I highlighted that this was my analysis from reading the petition, and inferring from that, but I don't know for sure if that is what it was for, though it seems as the only good explanation. The only other explanation I could fathom was that LH was saying look at all these other recent issues and perhaps we should revisit the rewording of the amended Claim 29. Considering the intent to issue the certificate was already declared, that second explanation seems unlikely in my mind.

So, it appears that the dismissal of the petition is a GOOD thing in that the examiner in doing so would be saying these other actions have no bearing on my decision to recertify. This is how I read the situation, though I'll tell you, I have no experience with the USPTO other than following the MMP saga, and am simply making as educated a guess as I can.

As for why no PR on the '584 yet, that is pretty simple I think. As emtnester has pointed out a few times, NOTHING is OFFICIAL, until the USPTO says it is, and they do so through the publication in the OFFICIAL GAZETTE. So UNTIL that is actually published with the '584 in it, it isn't YET OFFICIAL. Based on similar timing of other recent recerts of other patents, it seems almost a sure thing that the amended and recertified '584 will be published for all the world to see in this coming Tuesday's USPTO Official Gazette. When that happens, if it happens this Tuesday, or whenever, THEN a PR will be justified, but not until. It will be interesting to see how PTSC deals with the publicizing of the event.

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