As the particular code is applied in regards to the inclusion of the prior reexamination as evidence in the current reexamination it is RULED OUT.

That is because it was requested in April.

3 months from 8-24 the examiner’s reexamination will be complete. The results will not be made public until the second week of January. In that time frame we can modify the patent to be sure it passes the reexamination.

We can choose

A: not to respond

B: amend the patents

C: ask for an extension of time to complete any of the above.

It will be official when the examiner says it’s official and not before.

After that the examiner will request to the gazette to publicate his findings.

It will be in the gazette in its next publication.