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Message: Re: Reexamination.. - Mark
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Dec 20, 2009 01:07AM
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Dec 20, 2009 12:49PM
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Dec 20, 2009 01:58PM
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Dec 20, 2009 02:19PM
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Dec 20, 2009 04:19PM

".....update all those SNQ's that were derived from the latest re-ex request on the old 336...."

As I posted earlier, I doubt the examiner will personally perform this action, but would more likely IMO push the request back to the requestor (via a rejection) instructing them to perform this action against the new re-certifid amended '336. To do otherwise would potentially put the examiner at risk for (from the requestor's view) mis-applying their allegations of prior art/SNQs. It is possible (if not probable) IMO that if the examiner does push it back via rejection (rather than take some other action as I posted in my post at 9:07pm last night) that the examiner may also point out that the prior art in their SNQs has already been examined.

Regardless of the wording of MPEP 2295, I just don't see the examiner himself taking on the effort (at the expense of his time and Gov't resources) of trying adapt the old request/SNQs to the new, amended patent. It would seem far more prudent for him to simply reject the old request and suggest the requestor re-apply for re-exam after adjusting the request accordingly.

JMHOs,

SGE

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Dec 20, 2009 09:24PM
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Dec 21, 2009 11:01AM

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