Prior art now of record

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optymystic

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Prior art now of record

posted on Dec 21, 2009 03:05PM

FWIW, I checked the prior art contained in the recertified 336 and every piece used in the present reexam (90/009457) is listed. Hence it is "Old Art" now.

In the granting of reexam the examiner found an SNQ since there was a substantial liklihood that a reasonable examiner would consider the combination of Mostek and IC Master important .... Also stated that neither were of record in the 336 file, which is no longer the case.

Based on what I posted earlier about using "Old Art," how can the examiner produce a first OA rejection based on the same SNQs determined in the grant? One would expect that the higher bar applies to SNQ's now, which requires a material new argument not just a stir of the pot.

They added all the ingedients that were available. All they could come up with is beef stew. You can stir those ingredients a bit more, but you're still going to end up with beef stew, not the 5 course trukey dinner you're looking for.

Also, FWIW, when I develop an argument, I'm always looking for someone to blow holes in it. That is the rationale for most of my posts here. Not preaching, not attempting to sway anyone. Just looking for someone to tell me I'm wrong and the reason why.