Re: Reexamination.. - Mark
posted on
Dec 20, 2009 05:57PM
".....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