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Message: Re: Prior reexam matures to certificate while later reexamination >>eggbert

So one can only expect another reexamination in the future with respect to the new 336 claims 11-20. Those new claims have not come under the scrutiny of a reexamination

Since there are millions of dollars at stake here. I believe big boys will request a reexamination based on the new claims in the 336 patent. They actually tried it with the current reexamination, but failed. The examiner would not allow it in the current reexamination. They are most likely right now searching through document trying to apply prior art to the new 336 amended claims. Once the request is made we will have to wait and see if the USPTO accepts it.

With the current reexamination, time will tell if TPL deems it necessary to amend claims 1-10. They have until the second week of January to do so unless they file for extension. >

Why on earth would we try to amend anything w/o knowing for sure if an office action rejection is to follow and what is in it?

In regard to the prior examination, the patent was modified to accommodate the reexamination in order to stay valid. I believe without checking, we did delete some of the claims 1-10. If we catch a snag with the creative wording of the current reexamination we may have to repeat the process. As the patent becomes more well defined it become less broad in it coverage. If it can get one or two infringers off the hook they will try it.

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