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optymystic

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Re: Back to the 336 reexam /eggbert

in response to

Re: Back to the 336 reexam /eggbert

ease2002

posted on Dec 02, 2009 05:51PM

One additional thought as to prior art that has been cited/considered.

From the USPTO manual.

2257 Listing of Prior Art [R-7] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents

2257 Listing of Prior Art [R-7]

All citations listed on form PTO-892, and all citations not lined-through on any form PTO/SB/08A or 08B, or PTO/SB/42 (or on a form having a format equivalent to one of these forms), will be printed on the reexamination certificate under "References Cited."

So I do think that all the prior art used in the current reexam of the 336 will appear on the reexam certificate and are now part of the record. Whether it makes any difference is still a question. But the get out of jail free card is the statement by Sam Remill that all the other prior art of record does not have the features recited in each of the claims. You need to see the statements made for each claim. At worst, all we need to do is point to the statements in the NIRC. - I hope.