The '336 re-ex request by HTC that was denied July 31, 2009 was from 90/010,551 and has nothing to do with the 90/009,457 corrected request (Fish & Richardson)...see Trans. History of the '0551 below.
I humbly suggest you check the original uncorrected request to get an idea of why it was requested. The corrected version has yet to be posted but IMO TPL is privy to it....when they saw it is another question I won't speculate on. Read the conclusion at the end of the document. If this link doesn't work you'll find it in the IFW:
http://portal.uspto.gov/external/PA_1_0_15H/view/BrowsePdfServlet?objectId=FUEA4YMOPPOPPY5&lang=DINO
Here's the Trans. History of the denied re-ex:
Transaction History 90/010,551
Date Transaction Description
07-31-2009 |
Determination -- Reexam Denied |
07-31-2009 |
Information Disclosure Statement (IDS) Filed |
08-11-2009 |
Notice of Reexam Published in Official Gazette |
07-10-2009 |
Reexam Litigation Search Conducted |
06-03-2009 |
Case Docketed to Examiner in GAU |
06-03-2009 |
Reexamination Formalities Notice Mailed |
06-03-2009 |
Reexamination Formalities Notice Mailed |
06-03-2009 |
Completion of Preprocessing - Released to Assigned GAU |
06-03-2009 |
Notice of assignment of reexamination request |
06-03-2009 |
Notice of reexamination request filing date |
06-03-2009 |
Title Report |
05-26-2009 |
Reexamination requested by third party requester |
05-26-2009 |
Information Disclosure Statement Filed |
05-26-2009 |
Information Disclosure Statement (IDS) Filed |
05-22-2009 |
Receipt of Original Ex Parte Reexam Request |