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Message: Trying to think positive

Trying to think positive

posted on Nov 16, 2009 05:09PM

Provided the us-american patent system is not completely crazy there must be some kind of internal process to prevent the situation we are facing now (IF this ist the situation):

A patent holder receives a recert for a patent while in the same time a new re-examination is getting started.

This seems to ignore all standards of a balanced legal system as I know it from Germany, thus I'd guess there must be something similar in the US to prevent this case - or does anybody know of a similar case?

Anyway, here's my positive thinking (and I didn't take a look at today's shareprice in order to keep myself relaxed...lol):

Could it be the USPTO allowed this re-ex for procedual reasons, so nobody could appeal it because the USPTO had ignored "new" facts? And is it possible the new examiner has to accelerate the re-ex process and do his job in weeks instead of months (or years)?

GLTA

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