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Message: I like the '584 news, but think Friday's news is more important

I like the '584 news, but think Friday's news is more important

posted on Jul 21, 2009 12:31PM

By Friday, a determination on the first of the 2 most recent '336 re-exam requests is due. IF that comes in as re-exam being ordered to proceed, then we're probably back in a longer waiting game again. If on the other hand it comes in as rejected, then, IN MY OPINION, that could signal that a decision on the '336 is forthcoming. As I posted before, there is also a second re-exam request that has been submitted for which a determination isn't due until August, but all things considered, I'd expect that if one is granted, both will be, or if one is rejected, both will likely be as well, IMO.

IF the determination is to reject the request, and my assumptions are correct that the '336 decision was essentially done, then we may see a posting of that decision by the end of August, either with a DENIAL of the appeal and the work after the Final Rejection (less likely IMO), or a "Notice to Issue a Reexam Certificate" (more likely IMO, based on the transcript of the post final rejection interview).

So, IMO, if Friday brings a determination to dismiss/reject the re-exam request, I think a hieghtened level of expectation and uncertainty as to what will happen to the '336 will likely come into play and may help close some license deals. OR may cause volatility in the pps. Interesting and potentially exciting times in my opinion. It's nice to see a potential light at the end of the tunnel...just hoping it's not a train! Based on the Pat Chaote study, and the success of the '584, I think there's more hope of a measure of success, than of failure, though the beauracracy of the USPTO may delay the day of revelation still.

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