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Message: About reissue cert and new reexam

About reissue cert and new reexam

posted on Dec 15, 2009 01:58PM

Does this make sense

1. current reexam 90/009457 granted based on original claims of 336 (not amended claims of re-issue cert)

2. Reissue cert published as of Dec. 14, however, it was granted on 11/24

3. According to examiner, if reissue certificate has not been issued at the time that a decision needs to be made to grant or deny a new reexam, then the new reexam must be based on original claims. However, during the process of the new reexam, if the reissue cert is issued, the examiner will take this into consideration. It would appear that this reissued certificate will eventually show up as an amendment to the current exam under the first office action.

4. In the original patent, the remaining claims were renumbered 1-10 (back in 1998), since then additional claims were added.

5. The reissued certificate amends claims 1-16 (with 3-5 and 8 cancelled)

If the current reexam was granted based on original claims 1-10, and if the examiner will now look at the reissue certificate which addresses amended and/or cancelled claims 1-16....does this leave a window open for yet another reexam request which will address possible SNQs regarding claims 11-16?

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