< If we are on the same time table expect the publication of the newest 336 publication in May 2010.>

My first inclination was to challenge you on that schedule, but then I looked up the 584 patent and I do not think it has been published yet. Corrections welcomed.

Assuming you are correct about the publication timing, I hope this means that we have the benefit of the reexam certificate while any challenge will perhaps need to wait until May? That sure would give us a needed break. Perhaps the reason there hasn't been any new reexam request on the 584?

I just went back to look at the rejected 584 reexam request and, even though I do not believe it has published in the Gazette, the examiner made mention of the reexam certificated and referenced prior art previously considered by the examiner. Hence, I do not believe the 336 examiner needs the Gazette publication to use everything contained in the reexam certificate and NIRC while addressing any new reexam.

GLTA, Opty