"Obviously the extension was requested to protect TPL's right to appeal. Let's hope they will not need to use it."

It seems to me to be a procedural thing. As it stood they had until aug. 23 to file an appeal if necessary. Since the the letter states the the NIRC would be mailed the week of aug. 17 that did not leave them enough time to file an appeal if necessary. They had to file any appeal by aug. 23. Then they mention:

"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"

It seems to me that this is a precautionary thing. Here is an anology. You are a hunter you shoot a Bear, the Bear is laying there for some time not moving, you know you shot it, and it is dead. Are you going to walk up to it without a loaded gun.

Also the letter states:

"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."

Sorry for the hunting analogy, but the Bear is dead.Hopefully nothing unforseen happens between that FAX and the receipt of the NIRC but if it does we retain our right to an appeal.