Re: Current '336 request, corrections welcome - More confusion
in response to
by
posted on
Dec 06, 2009 07:09PM
<Therefore until it is published in the Gazette there isn't anything official that can be formally referred to for any future requirements needed for any official (USPTO, licensing agreements, court litigation, etc) business.>
I disagree with the above. An examiner representing the USPTO who is vested with a good deal of authority with respect to the handling of reexams made some strong and specific statements in the NIRC. I see no reason why those statements can not be used anywhere as they are part of the record. For that matter, any examiner statement made in any office action should be useable material to argue at the USPTO or anywhere else. If this is not the case, then no statement made by any USPTO official could be relied on at any time anywhere. And that would be absurd.
GLTA, Opty