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Message: More reexams possible?

More reexams possible?

posted on Dec 15, 2009 03:40PM

As the examiner told me in my original phone conversation, the question is not how many reexams will be allowed but rather, how important are the patents.

Reexams are possible until the patents expire.

IMO, With each new reexam request (should there be any more)

1. we will see denials or, if granted,

2. the process to reach a conclusion will be faster and faster until, as SGE has said, there is no prior art that hasn't been looked at and there can no longer be any SNQs

There are basically 4 ways for reexam procedures to be concluded (section 2294)

1. denial of reexam - vacating or terminating the proceeding

2. Issue of reexam certificate

3. reexam merged with a reissue proceeding and a reissue patent is granted; an individual reexam certificate is not issued- the reissue patent serves as the certificate

4. exparte merged with interpartes and a single reexam cert is issued

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Dec 15, 2009 09:57PM
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Dec 15, 2009 10:43PM
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