It's interesting in the text of the denial, we see that much of the re-exam request was based on the wording of the amended claims as presented in the response filed by our side after the final rejection.

Essentially, the examiner says that the rule cite that you can't object to claims that aren't yet officially approved through the recertification process. So therefore, he can't even consider those aspects of the request. He also rejects the other arguments on unchanged claims for various reasons.

This certainly SEEMS positive in that the infringers were going after not only the original claims, but the amended wording. Whether it actually MEANS something positive I guess remains to be seen, but it seems that if the patent is indeed approveable in its amended form or if it is not, then we should be seeing a decision very shortly from the USPTO in a recertification or a denial of the response.

However, I don't know if it IS recertified, if then, HTC and clan can go after the newly recertified patent, using the same argument. It seems that if that were the case, even if he can't say it, the examiner would be required to take these arguments into account BEFORE recertifying, so I'm guessing IF the '336 is recetified, then HTC et al will be SOL et al! At least I hope. And for the ultra strict Agoracommers, SOL means Some Other Loser when I use it! lol