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Control No.: 90/008,306 merged with Control No. 90/009,237 and Control No. 90/008,474 Atty. Docket No.: 0081-011D3X1; 0081-011D3X2; and 0081-011D3X3

On August 6, 2009, the examiner initiated an interview with the undersigned to discuss an examiner's amendment proposed by the examiner.

On August 12, 2009, the examiner informed the undersigned that all open issues in connection with the reexamination proceeding were believed to be resolved. The examiner further informed the undersigned that he believed the other conferees in the reexamination proceeding were likely to give their final approval by August 13, 2009. The examiner explained that internal procedural matters to conclude the reexamination proceeding were expected to be completed by the week of August 17 and that a NIRC would be mailed during that week as well.

On August 13, 2009, the undersigned received a facsimile transmission of an Interview Summary from the examiner. The summary confirms that all substantive issues have been resolved and states that a NIRC will be prepared. Submitted herewith is a copy of said Interview Summary.

Based on the foregoing, it is believed that a NIRC is reasonably expected to be mailed during the week of August 17. Accordingly, a one month extension is hereby requested in order to delay filing the appeal brief that is due August 23.

The undersigned believes there is sufficient cause for the Office to grant the Patent Owner's request for a one month extension of time to file the appeal brief. First, the August 13 Interview Summary clearly indicates that the substantive issues are resolved and states that a NIRC will be prepared. Second, there is a reasonable expectation that the NIRC will be mailed during the week of August 17 based on information from the examiner.

Since filing an unnecessary appeal brief would be wasteful of the resources of the Office, a one month extension to file the appeal brief is a reasonable precautionary measure to ensure adequate time for the Office to complete any internal procedural matters relating to the conclusion of the reexamination proceeding. A one month extension is also believed to be reasonable insurance against any unforeseen circumstances that would delay the mailing of the NIRC.

A decision granting the Patent Owner's request for a one month extension of time to file the appeal brief is earnestly sought.

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